Prior punishments and cumulative disadvantage
How supervision status impacts prison sentences
Bibliographic Data
| ID | 9680313 |
|---|---|
| Authors | Audrey Hickert (0000-0002-0740-8602, Southern Illinois University, corresponding author), Shawn D Bushway (0000-0003-4040-431X, RAND Corporation University at Albany), D J Harding (0000-0002-2121-0790, University of California, Berkeley), Jeffrey Morenoff (0000-0002-8146-8590, University of Michigan) |
| Year | 2022 |
| Volume | 60 |
| Issue | 1 |
| Pages | 27-59 |
| Publication date | 2022-02-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Criminology (JOURNAL) |
| Journal identifiers | ISSN: 0011-1384 • E-ISSN: 1745-9125 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/1745-9125.12290 |
| OpenAlex | W3205729689 |
| Language | EN |
| Citations received | 8 |
| References cited | 63 |
This article explores one way prior punishments may contribute to cumulative disadvantage: through more severe sentencing of those under criminal justice supervision. We examine the impact of being on supervision in Michigan on receiving a sentence of imprisonment—comparing the magnitude of the impact reflected in the formal sentencing guideline recommendation with deviations made by court actors. We find that the formal penalty for supervision status is modest, whereas court actors place substantially more weight on current parole status than do the guidelines when deciding to sentence a defendant to prison. They do not seem to give current probation status extra weight in a consistent way. As such, parole is more likely to contribute to cumulative disadvantage stemming from prior punishments. This disproportionately impacts Black defendants because of their higher rates of parole—not through disproportionate sentencing conditional on parole status. Findings suggest that attempts to address factors contributing to cumulative disadvantage will need to consider not only formal rules but also how informal discretion contributes to prison sentences
Criminal justice · Criminology · Disadvantage · Discretion · Imprisonment · Jury · Political science · Prison · Sentence · Sentencing guidelines · Computer Science · Crime Patterns and Interventions · Criminal Justice and Corrections Analysis · Law · Law, Economics, and Judicial Systems · Psychology
Now You See It, Now You Don’t
The Long-Term Incarceration Consequences of Coming-of-Age in a Crime Boom
The racialized packaging of punishment
School Behavior, School Performance, and Race as Focal Concerns in the Institutionalization of Juveniles
Effect of early prison release with electronic monitoring
Bail reform and pretrial release
Careers in Criminalization
Rewriting the Record
Paying for the Past
Collateral Consequences of Punishment
The Changing Forms of Racial/Ethnic Biases in Sentencing
Studying Discretion in the Processes that Generate Criminal Justice Sanctions
Sentencing disparity and departures from guidelines
An extension of the Blinder-Oaxaca decomposition technique to logit and probit models
The Blinder–Oaxaca Decomposition for Linear Regression Models
Developmental Theories of Crime and Delinquency
A Meta-Analysis of Race and Sentencing Research
The Growth of Incarceration in the United States
Reassessing and Redirecting Research on Race and Sentencing
Crime in the Making
Racial, Ethnic, and Gender Disparities in Sentencing
Recent Developments and New Directions in Sentencing Research
The Declining Significance of Race in Criminal Sentencing
Cumulative Disadvantage in the American Criminal Justice System
Sentencing scorecards
Effect of scaling back punishment on racial and ethnic disparities in criminal case outcomes
Is the Impact of Cumulative Disadvantage on Sentencing Greater for Black Defendants
Examining the “Life Course” of Criminal Cases
Have Racial and Ethnic Disparities in Sentencing Declined
Prior Record Enhancements at Sentencing
Racial Disparity in Federal Criminal Sentences
The Interaction of Race, Gender, and Age in Criminal Sentencing
The Power of Diversion
Racial and Ethnic Disparities in Sentencing Departures Across Modes of Conviction
Institutionalizing inequality in the courts
Cumulative Disadvantage
Modeling the Effects of Legally Relevant and Extralegal Factors Under Sentencing Guidelines
Discretion and Disparity Under Sentencing Guidelines
Contextual Disparities in Guidelines Departures
U.S. Attorneys and Substantial Assistance Departures
Locking up my generation
Socioeconomic Disparities Under Determinate Sentencing Systems
Cumulative impact
Sentencing in Context
Discourses of Mass Probation
Home Is Hard to Find
Racial Discrimination in Criminal Sentencing
Judging Judicial Discretion
Sentencing under the Federal Sentencing Guidelines
Regulated and Unregulated Sentencing Decisions
An Integration of Theories to Explain Judicial Discretion
Race and Cumulative Discrimination in the Prosecution of Criminal Defendants
Women Disrupting a Marginalized Identity
Intersectionality of Race, Ethnicity, Gender, and Age on Criminal Punishment
Race and Imprisonment Decisions
Imprisonment and Labor Market Outcomes
Law That Does Not Fit Society
Structural bias in the sentencing of felony defendants
| Unique citing works | 8 |
|---|---|
| Citations per year | 2 |
| Citation span | 2022 - 2026 (5) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 8 |