Legal and Extralegal Determinants of Intercounty Differences in Prison Use

Abstract

Although many studies have used states' stock imprisonment rates to gauge the relative punitiveness of U.S. jurisdictions, there has been much less systematic research designed to explain the significant county-level differences in sentencing outcomes within the United States. This study focuses on the impact of new court commitments on prison use, using a 1998 national sample of court data from 172 U.S. counties to document and explain variations in use of prison as a sentencing option. Multivariate linear regression analyses show that each of the five considered legally relevant factors and two of the five extralegal variables—Southern region and political conservatism—influence prison use. Three other extralegal factors—racial composition, economic disadvantage, and urbanization—do not affect prison use according to our model. Implications of these findings for both research and policy are discussed.

Recent Developments and New Directions in Sentencing Research

“…Other studies reveal either no support for racial threat (Kautt, 2002;Weidner & Frase, 2003;Weidner, Frase, & Pardoe, 2004), or evidence contrary to racial threat hypotheses (Britt, 2000). Feldmeyer and Ulmer (2011) found that, though race effects varied significantly between federal courts, federal districts' percent black was unrelated to black/white disparities.…”

Community influence on prosecutorial dismissals: A multilevel analysis of case- and county-level factors

“…While the full dynamics of the political process and its influence on prosecutorial decision making cannot be assessed with the current data, one aspect of this process can be assessed. Specifically, judges and prosecutors operating in more conservative jurisdictions should be influenced in such a manner that they respond more punitively as compared to those operating in more liberal jurisdictions (Taggart & Winn, 1993;Weidner & Frase, 2003). This notion is grounded in research indicating that conservative views are generally more consistent with a strong focus on punishment as compared to liberal views (see Cullen, Pratt, Miceli, & Moon, 2002).…”

On the Politics of Imprisonments: A Review of Systematic Findings

“…support for claims that increased Republican political dominance had independent positive effects on state imprisonment rates (Stucky et al 2005, Yates & Fording 2005, Western 2006, Spelman 2009). Weidner & Frase (2003) used a different strategy. They assessed the relationship between the percentage of county voters who supported the law-and-order Bush Republican candidacy in the 1988 presidential election and the number of prison sentences in 172 counties.…”