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Framing Punishment: Incarceration, Recommended Sentences, and Recidivism

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  • Shawn D. Bushway
  • Emily G. Owens

Abstract

No consensus has emerged about how, or even if, incarceration affects the behavior of convicted offenders. One unexplored mechanism involves the possibility that the disutility of punishment is affected by both the actual punishment an offender receives and the sentence that he thinks could have been given, a psychological effect known as framing. We test for framing effects in punishment by exploiting a legal change in Maryland that altered recommended, but not actual, sentences for a subset of offenders. Using an individual-level data set of convictions, incarceration, and arrests, we find that longer recommended sentences are associated with higher rates of recidivism, conditional on actual punishment. Our results suggest that large discrepancies between the "bark" and "bite" of the criminal justice system may make incarceration less effective at reducing crime.

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  • Shawn D. Bushway & Emily G. Owens, 2013. "Framing Punishment: Incarceration, Recommended Sentences, and Recidivism," Journal of Law and Economics, University of Chicago Press, vol. 56(2), pages 301-331.
    • Handle: RePEc:ucp:jlawec:doi:10.1086/669715
    DOI: 10.1086/669715
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    Cited by:

    1. Beau Kilmer & Greg Midgette, 2020. "Criminal Deterrence: Evidence from an Individual‐Level Analysis of 24/7 Sobriety," Journal of Policy Analysis and Management, John Wiley & Sons, Ltd., vol. 39(3), pages 801-834, June.
    2. Aurélie Ouss & Arnaud Philippe, 2024. "Inflation pénale et décisions de justice," Institut des Politiques Publiques halshs-04439196, HAL.
    3. Shoham Choshen‐Hillel & Ehud Guttel & Alon Harel, 2022. "Framing negligence," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 19(2), pages 296-339, June.
    4. Giovanni Mastrobuoni & Daniele Terlizzese, 2021. "Cash: Leave the Door Open? Prison Conditions and Recidivism," EIEF Working Papers Series 2111, Einaudi Institute for Economics and Finance (EIEF), revised Jun 2021.
    5. Rossmo, D. Kim & Summers, Lucia, 2022. "Uncertainty and heuristics in offender decision-making: Deviations from rational choice," Journal of Criminal Justice, Elsevier, vol. 81(C).
    6. Laura Jaitman, 2019. "Frontiers in the economics of crime: lessons for Latin America and the Caribbean," Latin American Economic Review, Springer;Centro de Investigaciòn y Docencia Económica (CIDE), vol. 28(1), pages 1-36, December.
    7. Maennig, Wolfgang & Wilhelm, Stefan, 2023. "News and noise in crime politics: The role of announcements and risk attitudes," Economic Modelling, Elsevier, vol. 129(C).
    8. Ramos Maqueda,Manuel & Chen,Daniel Li, 2021. "The Role of Justice in Development : The Data Revolution," Policy Research Working Paper Series 9720, The World Bank.

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