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Results for truth-in-sentencing (u.s.)

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Author: Owens, Emily G.

Title: Truthiness in Punishment: The Far Reach of Truth-in-Sentencing Laws in State Courts

Summary: Truth-in-Sentencing laws require that violent felons serve large fractions of their sentences behind bars. While generally assumed to increase time behind bars, there is wide scope for TIS laws to be undone; prosecutors and defense attorneys may strategically manipulate charges to make defendants TIS ineligible, and judges may reduce sentences for individuals convicted of TIS eligible crimes. Using a large sample of defendants arrested for violent felonies and charged between 2000 and 2004, I find no evidence of charge or sentence manipulation associated with conviction for a TIS eligible offense. In contrast, I find that people who are arrested for TIS eligible crimes, but avoid the law by pleading guilty to TIS ineligible misdemeanors are dealt with more severely by the criminal justice system. This spillover effect of TIS laws into misdemeanor sanctions suggests that instead of undoing legislative intent, judges honor the spirit of TIS by increasing punishment for all violent offenders, not just those technically subject to the law.

Details: Unpublished paper, 2011. 30p.

Source: Internet Resource: Accessed March 1, 2013 at: http://www.socialsciences.cornell.edu/0912/Owens.pdf

Year: 2011

Country: United States

URL: http://www.socialsciences.cornell.edu/0912/Owens.pdf

Shelf Number: 127745

Keywords:
Judicial Decision Making
Punishment
Sentencing
Truth-In-Sentencing (U.S.)