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Sentencing policy and disparity: Guidelines and the influence of legal and democratic subcultures

Matthew S. Crow and Marc Gertz

Journal of Criminal Justice, 2008, vol. 36, issue 4, 362-371

Abstract: This study analyzed the effects of sentencing policy on sentencing outcomes and the determinants of sentencing decisions. The authors used hierarchical modeling to examine the impact of sentencing reform on legal and individual- and county-level extralegal factors in addition to the sentencing outcomes themselves. The research was framed within the legal and democratic subculture perspective developed by Richardson and Vines (1970) for understanding lower court decision making. The results indicated that sentencing policy acts as a filter, through which cues from each subculture are synthesized, and helps to shape the effects of both legal and extralegal variables on sentencing outcomes.

Date: 2008
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