Sentencing Policy
- LAST REVIEWED: 01 November 2017
- LAST MODIFIED: 14 December 2009
- DOI: 10.1093/obo/9780195396607-0036
- LAST REVIEWED: 01 November 2017
- LAST MODIFIED: 14 December 2009
- DOI: 10.1093/obo/9780195396607-0036
Introduction
Sentencing policies govern the administration of legal sanctions for individuals convicted of a criminal offense. As such, these policies shape a vast array of institutional processes ranging from the likelihood, nature, and duration of imprisonment, to release decisions and the conditions of post-incarceration supervision. Starting in the mid 1970s the US approach to sentencing moved away from a relatively uniform set of indeterminate state systems focused on individualized, case-specific decisions to a more fragmented set of determinate systems emphasizing structured decision making and reduced discretion for legal actors. This change also implies a greater emphasis on retributive ideologies in contrast to more traditional rehabilitation-centered approaches. This framework has been progressively developed through a number of state and federal sentencing policies—including, for example, repeat-offender statuses, sentencing enhancements and mandatory minimums, truth-in-sentencing statuses, and drug laws. In most cases these initiatives have been implemented through legislative action, although in recent years other government entities (such as sentencing commissions) have had more influence in the development of these policies. A rich tradition of socio-legal studies has explored the linkages between sentencing and the role, justification, and functions of legal punishments in society. Research has also highlighted a number of social covariates of sentencing policies—such as more conservative political ideologies and more intense partisan politics, as well as greater levels of economic resources—that have been linked to more punitive approaches and higher incarceration rates. Studies have also explored case- and jurisdiction-level disparities in sentencing outcomes and processes related to attributes of defendants (notably race and gender). An emerging body of works has begun to document the specific impact of sentencing policies on offenders and on the criminal justice system as a whole. These works are particularly relevant to understanding the context and impact of mass incarceration for prisoners, communities, and government agencies.
General Overviews
A number of studies on sentencing policies explore the philosophical foundations of legal punishments. Others describe sentencing practices across jurisdictions, including reform initiatives and issues of coordination and effectiveness of the criminal justice system. Blumstein, et al. 1983, a report to the National Academy of Sciences, provides one of the most comprehensive views on the social and legal context of criminal sentencing in the United States. This survey focuses on the empirical assessment of sentencing practices over time and across states. Tonry 1998 and Reitz 2000 update some of these insights while highlighting recent policy developments. Von Hirsch 2000, a summary of penal theories, complements this line of work by further examining the different justifications for legal punishment with a particular emphasis on retributive approaches and the evolving nature of the notion of proportionality in sentencing. Tonry 2006 offers a more general view of the functions and purposes of sentencing, arguing that researchers should consider these two domains as separate constructs: the former links sentencing to crime prevention, the latter associates sentencing with issues of justice and fairness. Garland 1991 shifts the analysis of punishment and sentencing from a legal and philosophical perspective to a framework that highlights the significance of social forces to understand the evolution of penal policy. In particular, he examines the contributions of social theorists such as Durkheim and Foucault, and advocates for a broader interpretative focus.
Blumstein, Alfred, Jacqueline Cohen, Susan E. Martin, and Michael H. Tonry, eds. 1983. Research on sentencing: The search for reform. 2 vols. Washington, DC: National Academy Press.
Two volumes covering the evolution of sentencing practices and empirical research on determinants and impacts of penal practices of the early 1980s. Volume 1 examines institutional processes linked to sentencing (such as decision making and covariates); Volume 2 focuses on substantive domains (such as racial disparities and extralegal factors).
Garland, David. 1991. Sociological perspectives on punishment. In Crime and justice: An annual review of research, Vol. 14. Edited by Michael Tonry, 115–165. Chicago: Univ. of Chicago Press.
Advocates an alternative perspective to the study of punishment focused on a more systematic assessment of historical and social forces linked to the structure of society and mechanisms of control and domination. Argues that such sociological perspective provides the means for a more effective assessment of contemporary penal practices.
Hirsch, Andrew von. 2000. Penal theories. In The handbook of crime and punishment. Edited by Michael Tonry, 659–682. New York: Oxford Univ. Press.
Reviews penal theories on justifications for punishment and the volume of legal sanctions. Focuses on the issue of proportionality from a retributive approach. Argues that current sentencing practices follow a new form of “bounded consequentialism” that seeks to correct disparities linked to traditional models of sentencing as a crime-prevention tool.
Reitz, Kevin R. 2000. Sentencing. In The handbook of crime and punishment. Edited by Michael Tonry, 542–562. New York: Oxford Univ. Press.
Summarizes broad changes in sentencing policies since the mid 1970s. Argues that some of the systemic challenges that triggered the shift from indeterminate to determinate sentencing may continue to play a role in policy reforms. Links contemporary sentencing practices to the sustained increase in the use of imprisonment.
Tonry, Michael. 1998. Sentencing matters. New York: Oxford Univ. Press.
Comprehensive account of sentencing practices and research regarding determinants, covariates, and impacts of criminal sanctions at the state and federal levels. Focuses on reform initiatives through the mid 1990s. Provides an insightful comparative perspective on sentencing systems across a sample of Western countries.
Tonry, Michael. 2006. Purposes and functions of sentencing. In Crime and justice: A review of research, Vol. 34. Edited by Michael Tonry, 1–53. Chicago: Univ. of Chicago Press.
Argues that contemporary state sentencing practices follow a number of different models of sanctioning. Indicates that some policies have worsened problems of fairness and consistency in the administration of justice—although some of these issues may be alleviated by recent Supreme Court decisions regarding the scope of sentencing guidelines.
Users without a subscription are not able to see the full content on this page. Please subscribe or login.
How to Subscribe
Oxford Bibliographies Online is available by subscription and perpetual access to institutions. For more information or to contact an Oxford Sales Representative click here.
Article
- Active Offender Research
- Actus Reus
- Adler, Freda
- Adversarial System of Justice
- Adverse Childhood Experiences
- Aging Prison Population, The
- Airport and Airline Security
- Alcohol and Drug Prohibition
- Alcohol Use, Policy and Crime
- Alt-Right Gangs and White Power Youth Groups
- Animals, Crimes Against
- Anomie
- Arson
- Art Crime
- Back-End Sentencing and Parole Revocation
- Bail and Pretrial Detention
- Batterer Intervention Programs
- Bentham, Jeremy
- Big Data and Communities and Crime
- Biosocial Criminology
- Blackmail
- Black's Theory of Law and Social Control
- Blumstein, Alfred
- Boot Camps and Shock Incarceration Programs
- Burglary, Residential
- Bystander Intervention
- Capital Punishment
- Chambliss, William
- Chicago School of Criminology, The
- Child Maltreatment
- Chinese Triad Society
- Civil Protection Orders
- Collateral Consequences of Felony Conviction and Imprisonm...
- Collective Efficacy
- Commercial and Bank Robbery
- Commercial Sexual Exploitation of Children
- Communicating Scientific Findings in the Courtroom
- Community Change and Crime
- Community Corrections
- Community Disadvantage and Crime
- Community-Based Justice Systems
- Community-Based Substance Use Prevention
- Comparative Criminal Justice Systems
- CompStat Models of Police Performance Management
- Confessions, False and Coerced
- Conservation Criminology
- Consumer Fraud
- Contextual Analysis of Crime
- Control Balance Theory
- Convict Criminology
- Co-Offending and the Role of Accomplices
- Corporate Crime
- Costs of Crime and Justice
- Courts, Drug
- Courts, Juvenile
- Courts, Mental Health
- Courts, Problem-Solving
- Crime and Justice in Latin America
- Crime, Campus
- Crime Control Policy
- Crime Control, Politics of
- Crime, (In)Security, and Islam
- Crime Prevention, Delinquency and
- Crime Prevention, Situational
- Crime Prevention, Voluntary Organizations and
- Crime Trends
- Crime Victims' Rights Movement
- Criminal Career Research
- Criminal Decision Making, Emotions in
- Criminal Justice Data Sources
- Criminal Justice Ethics
- Criminal Justice Fines and Fees
- Criminal Justice Reform, Politics of
- Criminal Justice System, Discretion in the
- Criminal Records
- Criminal Retaliation
- Criminal Talk
- Criminology and Political Science
- Criminology of Genocide, The
- Critical Criminology
- Cross-National Crime
- Cross-Sectional Research Designs in Criminology and Crimin...
- Cultural Criminology
- Cultural Theories
- Cybercrime
- Cybercrime Investigations and Prosecutions
- Cycle of Violence
- Day Fines
- Deadly Force
- Defining "Success" in Corrections and Reentry
- Desistance
- Deterrence
- Developmental and Life-Course Criminology
- Digital Piracy
- Driving and Traffic Offenses
- Drug Control
- Drug Trafficking, International
- Drugs and Crime
- Elder Abuse
- Electronically Monitored Home Confinement
- Employee Theft
- Environmental Crime and Justice
- Experimental Criminology
- Extortion
- Family Violence
- Fear of Crime and Perceived Risk
- Felon Disenfranchisement
- Femicide
- Feminist Theories
- Feminist Victimization Theories
- Fencing and Stolen Goods Markets
- Firearms and Violence
- Forensic Science
- For-Profit Private Prisons and the Criminal Justice–Indust...
- Fraud
- Gambling
- Gangs, Peers, and Co-offending
- Gender and Crime
- Gendered Crime Pathways
- General Opportunity Victimization Theories
- Genetics, Environment, and Crime
- Green Criminology
- Halfway Houses
- Harm Reduction and Risky Behaviors
- Hate Crime
- Hate Crime Legislation
- Healthcare Fraud
- Hirschi, Travis
- History of Crime in the United Kingdom
- History of Criminology
- Homelessness and Crime
- Homicide
- Homicide Victimization
- Honor Cultures and Violence
- Hot Spots Policing
- Human Rights
- Human Trafficking
- Identity Theft
- Immigration, Crime, and Justice
- Incarceration, Mass
- Incarceration, Public Health Effects of
- Income Tax Evasion
- Institutional Anomie Theory
- Integrated Theory
- Intermediate Sanctions
- Interpersonal Violence, Historical Patterns of
- Interrogation
- Intimate Partner Violence, Criminological Perspectives on
- Intimate Partner Violence, Police Responses to
- Investigation, Criminal
- Juvenile Delinquency
- Juvenile Justice System, The
- Kidnapping
- Kornhauser, Ruth Rosner
- Labeling Theory
- Labor Markets and Crime
- Land Use and Crime
- Lead and Crime
- Legitimacy
- LGBTQ Intimate Partner Violence
- LGBTQ People in Prison
- Local Institutions and Neighborhood Crime
- Lombroso, Cesare
- Longitudinal Research in Criminology
- Mandatory Minimum Sentencing
- Mapping and Spatial Analysis of Crime, The
- Mass Media, Crime, and Justice
- Measuring Crime
- Mediation and Dispute Resolution Programs
- Mental Health and Crime
- Merton, Robert K.
- Meta-analysis in Criminology
- Middle-Class Crime and Criminality
- Migrant Detention and Incarceration
- Money Laundering
- Motor Vehicle Theft
- Multi-Level Marketing Scams
- Murder, Serial
- Narrative Criminology
- National Deviancy Symposia, The
- Nature Versus Nurture
- Neighborhood Disorder
- Neutralization Theory
- New Penology, The
- Offender Decision-Making and Motivation
- Offense Specialization/Expertise
- Organized Crime
- Outlaw Motorcycle Clubs
- Panel Methods in Criminology
- Peacemaking Criminology
- Peer Networks and Delinquency
- Performance Measurement and Accountability Systems
- Personality and Trait Theories of Crime
- Persons with a Mental Illness, Police Encounters with
- Phenomenological Theories of Crime
- Plea Bargaining
- Poaching
- Police Administration
- Police Cooperation, International
- Police Discretion
- Police Effectiveness
- Police History
- Police Militarization
- Police Misconduct
- Police, Race and the
- Police Use of Force
- Police, Violence against the
- Policing and Law Enforcement
- Policing, Body-Worn Cameras and
- Policing, Broken Windows
- Policing, Community and Problem-Oriented
- Policing Cybercrime
- Policing, Evidence-Based
- Policing, Intelligence-Led
- Policing, Privatization of
- Policing, Proactive
- Policing, School
- Policing, Stop-and-Frisk
- Policing, Third Party
- Polyvictimization
- Positivist Criminology
- Pretrial Detention, Alternatives to
- Pretrial Diversion
- Prison Administration
- Prison Classification
- Prison, Disciplinary Segregation in
- Prison Education Exchange Programs
- Prison Gangs and Subculture
- Prison History
- Prison Labor
- Prison Visitation
- Prisoner Reentry
- Prisons and Jails
- Probation Revocation
- Procedural Justice
- Property Crime
- Prosecution and Courts
- Prostitution
- Psychiatry, Psychology, and Crime: Historical and Current ...
- Psychology and Crime
- Public Criminology
- Public Opinion, Crime and Justice
- Public Order Crimes
- Public Social Control and Neighborhood Crime
- Punishment Justification and Goals
- Qualitative Methods in Criminology
- Queer Criminology
- Race and Sentencing Research Advancements
- Race, Ethnicity, Crime, and Justice
- Racial Threat Hypothesis
- Racial Profiling
- Rape and Sexual Assault
- Rape, Fear of
- Rational Choice Theories
- Rehabilitation
- Religion and Crime
- Restorative Justice
- Risk Assessment
- Routine Activity Theories
- School Bullying
- School Crime and Violence
- School Safety, Security, and Discipline
- Search Warrants
- Seasonality and Crime
- Self-Control, The General Theory:
- Self-Report Crime Surveys
- Sentencing Enhancements
- Sentencing, Evidence-Based
- Sentencing Guidelines
- Sentencing Policy
- Sex Crimes
- Sex Offender Policies and Legislation
- Sex Trafficking
- Sexual Revictimization
- Situational Action Theory
- Snitching and Use of Criminal Informants
- Social and Intellectual Context of Criminology, The
- Social Construction of Crime, The
- Social Control of Tobacco Use
- Social Control Theory
- Social Disorganization
- Social Ecology of Crime
- Social Learning Theory
- Social Networks
- Social Threat and Social Control
- Solitary Confinement
- South Africa, Crime and Justice in
- Sport Mega-Events Security
- Stalking and Harassment
- State Crime
- State Dependence and Population Heterogeneity in Theories ...
- Strain Theories
- Street Code
- Street Robbery
- Substance Use and Abuse
- Surveillance, Public and Private
- Sutherland, Edwin H.
- Technology and the Criminal Justice System
- Technology, Criminal Use of
- Terrorism
- Terrorism and Hate Crime
- Terrorism, Criminological Explanations for
- Testimony, Eyewitness
- Therapeutic Jurisprudence
- Trajectory Methods in Criminology
- Transnational Crime
- Truth-In-Sentencing
- Urban Politics and Crime
- US War on Terrorism, Legal Perspectives on the
- Victimization, Adolescent
- Victimization, Biosocial Theories of
- Victimization Patterns and Trends
- Victimization, Repeat
- Victimization, Vicarious and Related Forms of Secondary Tr...
- Victimless Crime
- Victim-Offender Overlap, The
- Violence Against Women
- Violence, Youth
- Violent Crime
- White-Collar Crime
- White-Collar Crime, The Global Financial Crisis and
- White-Collar Crime, Women and
- Wilson, James Q.
- Wolfgang, Marvin
- Women, Girls, and Reentry
- Wrongful Conviction