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Federal Sentencing Guidelines and Mandatory Minimum Sentences: Do Defendants Bargain in the Shadow of the Judge?

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  • LaCasse, Chantale
  • Payne, A Abigail

Abstract

The 1987 sentencing reforms were expected to change profoundly the environment in which plea bargaining takes place by increasing the average length of sentences for serious crimes and by eliminating the variation in sentences imposed by different judges. Using cases initiated and resolved between 1981 and 1995 in two federal district courts of New York, we examine whether the variation in sentences attributable to individual judges has been eliminated, and we investigate whether the plea-bargaining behavior of defendants has changed. Surprisingly, we find that the amount of variation attributable to the judge for trial sentences increases post-reforms. Consistent with this result, defendants continue to bargain in the shadow of the judge post-reforms, particularly for crimes involving minimum sentences. Further, sentences may not have increased as much as expected: although the average prison term for trial sentences increases post-reforms, there is no systematic increase in the average length of the pleas. Copyright 1999 by the University of Chicago.

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  • LaCasse, Chantale & Payne, A Abigail, 1999. "Federal Sentencing Guidelines and Mandatory Minimum Sentences: Do Defendants Bargain in the Shadow of the Judge?," Journal of Law and Economics, University of Chicago Press, vol. 42(1), pages 245-269, April.
    • Handle: RePEc:ucp:jlawec:v:42:y:1999:i:1:p:245-69
    DOI: 10.1086/467425
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    1. James J. Heckman, 1976. "The Common Structure of Statistical Models of Truncation, Sample Selection and Limited Dependent Variables and a Simple Estimator for Such Models," NBER Chapters, in: Annals of Economic and Social Measurement, Volume 5, number 4, pages 475-492, National Bureau of Economic Research, Inc.
    2. Reinganum, Jennifer F, 1988. "Plea Bargaining and Prosecutorial Discretion," American Economic Review, American Economic Association, vol. 78(4), pages 713-728, September.
    3. Lott, John R, Jr, 1992. "Do We Punish High Income Criminals Too Heavily?," Economic Inquiry, Western Economic Association International, vol. 30(4), pages 583-608, October.
    4. Payne, A. Abigail, 1997. "Does inter-judge disparity really matter? An analysis of the effects of sentencing reforms in three federal district courts," International Review of Law and Economics, Elsevier, vol. 17(3), pages 337-366, September.
    5. William M. Landes, 1974. "An Economic Analysis of the Courts," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 164-214, National Bureau of Economic Research, Inc.
    6. James Andreoni, 1991. "Reasonable Doubt and the Optimal Magnitude of Fines: Should the Penalty Fit the Crime?," RAND Journal of Economics, The RAND Corporation, vol. 22(3), pages 385-395, Autumn.
    7. Henry S. Farber & Harry C. Katz, 1979. "Interest Arbitration, Outcomes, and the Incentive to Bargain," ILR Review, Cornell University, ILR School, vol. 33(1), pages 55-63, October.
    8. Wang, Gyu Ho & Kim, Jeong-Yoo & Yi, Jong-Goo, 1994. "Litigation and Pretrial Negotiation under Incomplete Information," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 10(1), pages 187-200, April.
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