As legislatures proliferate novel “enhancements” to criminal sentencing, such as “three‐strikes” and related provisions, and as criminologists debate their effects, the role of existing enhancements, such as habitual offender statutes, has received little empirical attention. This article explores the effect of race in the decision to prosecute and sentence eligible defendants as “habitual” offenders. During FY 1992–93, 9,690 males admitted to prison in Florida were statutorily eligible (two prior felony convictions or one prior violent felony conviction) for sentencing as “habitual” offenders. Approximately 20% received that disposition. They will serve at least 75% of their enhanced sentence as compared with the state average of about 40%. Logistic regression, controlling for prior record, crime seriousness, and other relevant factors, shows a significant and substantial race effect. The disadvantage of black defendants is particularly strong for drug offenses and for property crimes that have relatively high victimization rates for whites (larceny, burglary). Race is less consequential for violent and weapons‐related crimes. Race effects are more often significant in sentencing contexts that are low in terms of percent black, racial income inequality, drug arrest rates, and violent crime rates. The relevance of these findings for a “racial threat” interpretation of sentencing outcomes is discussed.
Research on the deterrent effects of punishment falls into two categories: macro-level studies of the impact of aggregate punishment levels on crime rates, and individual-level studies of the impact of perceived punishment levels on self-reported criminal behavior. For policy purposes, however, the missing link-ignored in previous research-is that between aggregate punishment levels and individual perceptions of punishment. This paper addresses whether higher actual punishment levels increase the perceived certainty, severity, or swiftness of punishment.Telephone interviews with 1,500 residents of fifty-four large urban counties were used to measure perceptions of punishment levels, which were then linked to actual punishment levels as measured in official statistics. Hierarchical linear model estimates of multivariate models generally found no detectable impact of actual punishment levels on perceptions of punishment. The findings raise serious questions about deterrence-based rationales for more punitive crime control policies.The deterrence doctrine asserts that some people will refrain from some acts because they perceive a risk of punishment. Research on the general deterrent effect of punishment on criminal behavior has largely fallen within two broad categories: (1) macro-level research using official *
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