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The Trial Penalty and Jury Sentencing: A Study of Air Force Courts‐Martial

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  • Patricia D. Breen

Abstract

The sentencing empirical literature generally supports the notion that most defendants plead guilty because judges impose more severe sentences for those who assert their Sixth Amendment right to a jury trial. Whether this trial penalty effect is present in jury sentencing jurisdictions has been rarely investigated. King and Noble (2004, 2005) presented evidence suggesting that in practice, jury sentencing assists prosecutors and judges in maintaining a trial penalty or plea discount system. The present study investigates whether a trial penalty exists in the military—a jury sentencing jurisdiction that offers jury sentencing after a guilty plea as well as a trial. Using Air Force court‐martial data from 2005–2006, the study finds no trial penalty effect and that juries are less likely to impose severe types of punishment compared to judges. The study discusses implications for public policy, theory, and future research.

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  • Patricia D. Breen, 2011. "The Trial Penalty and Jury Sentencing: A Study of Air Force Courts‐Martial," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 8(1), pages 206-235, March.
    • Handle: RePEc:wly:empleg:v:8:y:2011:i:1:p:206-235
    DOI: 10.1111/j.1740-1461.2010.01206.x
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    1. Nancy J. King & Rosevelt L. Noble, 2005. "Jury Sentencing in Noncapital Cases: Comparing Severity and Variance with Judicial Sentences in Two States," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 2(2), pages 331-367, July.
    2. Peter Kennedy, 2003. "A Guide to Econometrics, 5th Edition," MIT Press Books, The MIT Press, edition 5, volume 1, number 026261183x, April.
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    1. Samantha Bielen & Peter Grajzl & Wim Marneffe, 2021. "Blame based on one's name? Extralegal disparities in criminal conviction and sentencing," European Journal of Law and Economics, Springer, vol. 51(3), pages 469-521, June.

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