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Can equitable punishment be mandated? Estimating impacts of sentencing guidelines on disciplinary disparities

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  • Bekkerman, Anton
  • Gilpin, Gregory A.

Abstract

This study empirically investigates the potentially unintended effects of state laws that seek to improve safety in U.S. public school by mandating standardized student punishment. We estimate the effects of exogenous state-level variation in the quantity and type of such mandates on disciplinary disparities across students who commit serious offenses. Estimation results indicate that more severe punishments are imposed in schools with higher proportions of black or Hispanic students, but such disparities are significantly dampened in states that mandate a higher number of guidelines for serious offenses. However, more guidelines for less severe misconduct tend to increase race-based disciplinary disparities and increase the severity of punishments administered for serious offenses. These outcomes extend the existing sentencing guidelines literature and provide empirical implications for considering marginal deterrence effects when crafting future policies.

Suggested Citation

  • Bekkerman, Anton & Gilpin, Gregory A., 2014. "Can equitable punishment be mandated? Estimating impacts of sentencing guidelines on disciplinary disparities," International Review of Law and Economics, Elsevier, vol. 40(C), pages 51-61.
    • Handle: RePEc:eee:irlaec:v:40:y:2014:i:c:p:51-61
    DOI: 10.1016/j.irle.2014.09.002
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    More about this item

    Keywords

    Disciplinary mandates; Marginal deterrence; Punishment disparities; Racial bias; School discipline;
    All these keywords.

    JEL classification:

    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law
    • I28 - Health, Education, and Welfare - - Education - - - Government Policy
    • I24 - Health, Education, and Welfare - - Education - - - Education and Inequality

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