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Modeling the politics of punishment: A conceptual and empirical analysis of 'law in action' in criminal sentencing

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  • Helms, Ronald

Abstract

The empirical sentencing literature has focused intensively on racial equity concerns, but this research added to the literature by analyzing political-contextual sources of punishment. This study developed a functional model of court decision making and used ordinal logit to assess court punishment decisions in 387 counties across seven states. The findings supported established assumptions about individual level punishment determinants, but showed that political environment indicators also predicted sentence severity. Interactions were present as well. In law and order environments Black defendants received enhanced sentences, but in jurisdictions with the largest Black populations, Black defendants faced reduced punishments. With individual and state level effects held constant, the findings from this research reinforced claims that punishment is intensely political.

Suggested Citation

  • Helms, Ronald, 2009. "Modeling the politics of punishment: A conceptual and empirical analysis of 'law in action' in criminal sentencing," Journal of Criminal Justice, Elsevier, vol. 37(1), pages 10-20, January.
    • Handle: RePEc:eee:jcjust:v:37:y::i:1:p:10-20
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    1. Pratt, Travis C., 1998. "Race and sentencing: A meta-analysis of conflicting empirical research results," Journal of Criminal Justice, Elsevier, vol. 26(6), pages 513-523, November.
    2. Kuklinski, James H. & Stanga, John E., 1979. "Political Participation and Government Responsiveness: The Behavior of California Superior Courts," American Political Science Review, Cambridge University Press, vol. 73(4), pages 1090-1099, December.
    3. Stephen Demuth & Darrell Steffensmeier, 2004. "Ethnicity Effects on Sentence Outcomes in Large Urban Courts: Comparisons Among White, Black, and Hispanic Defendants," Social Science Quarterly, Southwestern Social Science Association, vol. 85(4), pages 994-1011, December.
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    Cited by:

    1. Ronald Helms & S. E. Costanza, 2014. "Energy Inequality and Instrumental Violence," SAGE Open, , vol. 4(2), pages 21582440145, April.
    2. S. E. Costanza & Ronald Helms & John C. Kilburn & David A. Bowers, 2020. "Criminal Threat, Immigrant/Minority Threat, and Political Ideology: An Examination of Handgun Permits Across Texas Counties," Social Science Quarterly, Southwestern Social Science Association, vol. 101(4), pages 1442-1460, July.
    3. Payne, Brian K. & DeMichele, Matthew T., 2010. "Electronic supervision for sex offenders: Implications for work load, supervision goals, versatility, and policymaking," Journal of Criminal Justice, Elsevier, vol. 38(3), pages 276-281, May.

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