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Truthiness in Punishment: The Far Reach of Truth‐in‐Sentencing Laws in State Courts

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  • Emily G. Owens

Abstract

Truth‐in‐sentencing (TIS) laws require that violent felons serve large fractions of their sentences behind bars. In practice, the scope of these laws may be either more or less broad than the legislative intent. Using a large sample of defendants arrested for violent felonies and charged between 1990 and 2004, I do not find evidence that prosecutors or judges manipulate charges or sentences in a way that counteracts the spirit of TIS laws; instead, I find that the passage of TIS laws is associated with approximately 12‐ to 18‐week longer sentences for people who are arrested for TIS‐eligible crimes, but plead guilty to TIS‐ineligible misdemeanors. This spillover effect of TIS laws into misdemeanor sanctions suggests that instead of being undone in the courtroom, TIS increases punishment for all violent offenders, not just those technically subject to the law.

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  • Emily G. Owens, 2011. "Truthiness in Punishment: The Far Reach of Truth‐in‐Sentencing Laws in State Courts," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 8(s1), pages 239-261, December.
    • Handle: RePEc:wly:empleg:v:8:y:2011:i:s1:p:239-261
    DOI: 10.1111/j.1740-1461.2011.01228.x
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    1. Kessler, Daniel P & Piehl, Anne Morrison, 1998. "The Role of Discretion in the Criminal Justice System," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 14(2), pages 256-276, October.
    2. Shepherd, Joanna M, 2002. "Police, Prosecutors, Criminals, and Determinate Sentencing: The Truth about Truth-in-Sentencing Laws," Journal of Law and Economics, University of Chicago Press, vol. 45(2), pages 509-534, October.
    3. Bjerk, David, 2005. "Making the Crime Fit the Penalty: The Role of Prosecutorial Discretion under Mandatory Minimum Sentencing," Journal of Law and Economics, University of Chicago Press, vol. 48(2), pages 591-625, October.
    4. Fusako Tsuchimoto & Libor Dusek, 2009. "Responses to More Severe Punishment in the Courtroom: Evidence from Truth-in-Sentencing Laws," CERGE-EI Working Papers wp403, The Center for Economic Research and Graduate Education - Economics Institute, Prague.
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