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Date: November 22, 2024 Fri
Time: 11:35 am
Time: 11:35 am
Results for united states v. booker
2 results foundAuthor: Starr, Sonja B. Title: Racial Disparity in the Criminal Justice Process: Prosecutors, Judges, and the Effects of United States v. Booker Summary: Current empirical estimates of racial and other unwarranted disparities in sentencing suffer from two pervasive flaws. The first is a focus on the sentencing stage in isolation. Studies control for the “presumptive sentence” or closely related measures that are themselves the product of discretionary charging, plea-bargaining, and fact-finding processes. Any disparities in these earlier processes are built into the control variable, which leads to misleading sentencing-disparity estimates. The second problem is specific to studies of sentencing reforms: they use loose methods of causal inference that do not disentangle the effects of reform from surrounding events and trends. This Article explains these problems and presents an analysis that corrects them and reaches very different results from the existing literature. We address the first problem by using a dataset that traces cases from arrest to sentencing and by examining disparities across all post-arrest stages. We find that most of the otherwise-unexplained racial disparities in sentencing can be explained by prosecutors’ choices to bring mandatory minimum charges. We address the problem of disentangling trends using a rigorous method called regression discontinuity design. We apply it to assess the effects of the loosening of the U.S. Sentencing Guidelines in United States v. Booker. Contrary to prominent recent studies, we find that Booker did not increase disparity, and may have reduced it. Details: Ann Arbor, MI: University of Michigan Law School, 2012. 59p. Source: Internet Resource: U of Michigan Law & Econ Research Paper No. 12-021: Accessed November 9, 2012 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2170148 Year: 2012 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2170148 Shelf Number: 126895 Keywords: Mandatory MinimumsRacial DisparitiesSentencing (U.S.)United States v. Booker |
Author: United States Sentencing Commission Title: Report on the Continuing Impact of United States v. Booker on Federal Sentencing Summary: This report assesses the continuing impact on the federal sentencing system of the Supreme Court's 2005 opinion in United States v. Booker, which rendered the sentencing guidelines advisory. Part A of the report discusses the history of the federal sentencing guidelines and the post-Booker sentencing and appellate processes. It also reports the results of statistical analyses of federal sentencing data spanning a broad time frame, from October 1995 through September 2011, and provides recommendations for strengthening the federal sentencing guidelines system. Parts B through F contain more detailed descriptions of appellate court decisions, additional charts, tables, and graphs depicting sentencing data, and a description of other stakeholders' proposals for sentencing reform. Appendices to Parts B through F include additional data and tables, summaries of relevant public hearings, and a summary of the Commission's 2010 survey of district judges. Details: Washington, DC: United States Sentencing Commission, 2012. 115p. Source: Internet Resource: Accessed April 12, 2013 at: http://www.ussc.gov/Legislative_and_Public_Affairs/Congressional_Testimony_and_Reports/Booker_Reports/2012_Booker/index.cfm Year: 2012 Country: United States URL: http://www.ussc.gov/Legislative_and_Public_Affairs/Congressional_Testimony_and_Reports/Booker_Reports/2012_Booker/index.cfm Shelf Number: 128346 Keywords: Federal Sentencing GuidelinesSentencing (U.S.)United States v. Booker |