{"title":"Estimating Recidivism Risk in Earnings Loss Calculations for Persons Recently Released from Incarceration","authors":"Dwight Steward","doi":"10.2139/ssrn.1753285","DOIUrl":"https://doi.org/10.2139/ssrn.1753285","url":null,"abstract":"The risk of re‐incarceration is a complicating factor in evaluations involving earnings losses for persons who are recently released from incarceration. Criminologists and economists have shown that factors such as the ex‐inmate’s age, education, and the type of crime committed are correlated with the risk of criminal recidivism and re‐incarceration. Some studies have shown that in some groups, over 50 percent of ex‐inmates are re‐incarcerated within three years of being released (Langen and Levin (2002)).This paper provides an estimate of the re‐incarceration risk for individuals who are recently released from jail or prison. The estimates of the year‐by‐year re‐incarceration risk can be used in a standard labor force participation economic damage model to calculate earnings losses for persons who have been recently released from incarceration. Using person‐level data from the Bureau of Justice Statistics (BJS) to estimate a Cox Proportional Hazards model that accounts for factors such as race, gender, age at release, and type of crime committed, I find that in any given year within the first six years of release, the recidivism risk probability varies between 2.5 to 10.9 percent.","PeriodicalId":372228,"journal":{"name":"Corrections & Sentencing Law & Policy eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-10-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121412844","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Intimate Femicide: A Study of Sentencing Trends for Men Who Kill Their Intimate Partners","authors":"I. Grant","doi":"10.29173/ALR186","DOIUrl":"https://doi.org/10.29173/ALR186","url":null,"abstract":"This article examines sentencing trends over the past 18 years for men who kill their intimate partners. Using a sample of 252 cases, the article demonstrates that periods of parole ineligibility for second degree murder rose significantly after the Supreme Court of Canada’s decision in Shropshire but have more recently levelled off to a range that is still higher than the pre-Shropshire era. With respect to manslaughter, changing social attitudes and the amendments to the Criminal Code making the spousal nature of the crime an aggravating factor have resulted in increasingly severe sentences for spousal manslaughters. While a large number of the cases in this sample involved the intoxication of the accused and/or the victim, the defence of intoxication rarely reduced murder to manslaughter. Similarly, the number of successful provocation defences was lower than expected.","PeriodicalId":372228,"journal":{"name":"Corrections & Sentencing Law & Policy eJournal","volume":"106 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115180760","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Working Paper: Work Release as Economic Stimulus: Overview of Current and Potential Usage in the 50 States","authors":"Chrysanthi S. Leon","doi":"10.2139/SSRN.1458551","DOIUrl":"https://doi.org/10.2139/SSRN.1458551","url":null,"abstract":"Work release programs are authorized by the statutes of all fifty states. Some states have clearly articulated work release programs while others are partial, with little statutory governance for their establishment or operation. Yet most correctional authorities agree that work release provides crucial transitioning into functional re-entry. As the recent crises in the California correctional system dramatized, overflowing systems can no longer be tolerated. The contemporary penal climate, which prioritizes economic efficiency and evidence-based corrections, is ripe for a re-invigoration of a tried and true technique. Therefore, in order to document the current state of work release in the U.S., we combined a review of statutory authorization with an examination of implementation. We begin by describing the reasons why work release makes sense, focusing on the example of Washington state, followed by a review of the current parameters of work release in state law. By examining how work release now works, we can suggest how best to take advantage of the interest in bringing economic efficiency to the correctional system.","PeriodicalId":372228,"journal":{"name":"Corrections & Sentencing Law & Policy eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128668828","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Fabrizio Balassone, M. Camilletti, V. Grembi, Alberto Zanardi
{"title":"Evaluating the Efficiency of the Italian Penitentiary System","authors":"Fabrizio Balassone, M. Camilletti, V. Grembi, Alberto Zanardi","doi":"10.2139/ssrn.1306347","DOIUrl":"https://doi.org/10.2139/ssrn.1306347","url":null,"abstract":"In the aftermath of an official general pardon in 2006 Italian penitentiaries are struggling with overcrowding and budgeting problems. In order to identify the main causes of such difficulties we analyze an unbalanced panel of 142 Italian penitentiaries for the time period 2003-2005. A primary source of inefficiency is identified in unexploited economies of scale. In addition, estimation of a stochastic cost frontier highlights significant technical inefficiency, mainly attributable to overstaffing. Average prison size and technical efficiency are both smaller in the South than in the rest of the country.","PeriodicalId":372228,"journal":{"name":"Corrections & Sentencing Law & Policy eJournal","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126995273","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Probation and Parole as Methods of Mainstraiming Criminals: A Socio-Legal Analysis from Indian Perspective","authors":"Sabyasachi Ghosh","doi":"10.2139/ssrn.1151026","DOIUrl":"https://doi.org/10.2139/ssrn.1151026","url":null,"abstract":"Modern Criminal Jurisprudence recognizes that criminals are not born but made, since when a crime occurs it takes place due to culmination of variety of factors and that a good many crimes are the result of socio-economic milieu. Thus modern laws try to reform criminal in order to control crime. This paper would like to enlighten reader about the economic and jurisprudendential analysis behind prison reforms in the form of probation and parole. The author would analyse teh situation from emerging concepts like juvenile justice administration in lights of international documents like the 'Beijing Rules' etc. The main focus would be a comprehensive analysis of jail reformatory system in India from a comparative perspective.","PeriodicalId":372228,"journal":{"name":"Corrections & Sentencing Law & Policy eJournal","volume":"175 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115050636","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Collateral Costs: The Effects of Incarceration on the Employment and Earnings of Young Workers","authors":"H. Holzer","doi":"10.2139/ssrn.1031709","DOIUrl":"https://doi.org/10.2139/ssrn.1031709","url":null,"abstract":"In this paper I review the empirical evidence on the effects of incarceration on the subsequent employment and earnings of less-educated young prisoners. In this discussion I include evidence from: 1) Employer surveys and audit studies of hiring; 2) Survey data (mostly from the NLSY79) and administrative data; and 3) state-level incarceration data linked to micro employment data for young black men. The strengths and weaknesses of each type of analysis are discussed as well. The preponderance of the evidence considered suggests that, all else equal, spells of incarceration do tend to reduce subsequent employment and earnings for those with criminal records.","PeriodicalId":372228,"journal":{"name":"Corrections & Sentencing Law & Policy eJournal","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125174708","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Negligent Hiring and Criminal Rehabilitation: Employing Ex-Convicts, Yet Avoiding Liability","authors":"T. Creed","doi":"10.2139/SSRN.1007280","DOIUrl":"https://doi.org/10.2139/SSRN.1007280","url":null,"abstract":"In the attached article, I seek to make two contributions. First, I argue that states should make negligent-hiring laws clear for employers, so they know when they may hire an ex-convict and avoid liability. Second, I argue that states should allow employers to refuse to hire ex-convicts based solely on their status as ex-convicts. Some articles and states - e.g., New York and Wisconsin - perpetuate the idea that state law should require employers to hire ex-convicts to help them reintegrate into society. I argue that if states made negligent-hiring law clear for employers, they would know when they could hire an ex-convict yet avoid liability and would thus be more likely to hire ex-convicts. So instead of states effectively forcing employers to hire ex-convicts, employers will be more likely to hire more ex-convicts when employers know what steps they can take to avoid a negligent-hiring suit.","PeriodicalId":372228,"journal":{"name":"Corrections & Sentencing Law & Policy eJournal","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132943645","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Rita, Claiborne, and the Courts of Appeals' Attachment to the Sentencing Guidelines","authors":"Carissa Byrne Hessick, F. A. Hessick","doi":"10.1525/FSR.2007.19.3.171","DOIUrl":"https://doi.org/10.1525/FSR.2007.19.3.171","url":null,"abstract":"This article provides a critical assessment of the work of the courts of appeals when conducting reasonableness review after United States v. Booker. It examines the presumption of reasonableness most circuits have afforded to within-Guidelines sentences and the requirement that a variance from the Guidelines be supported by a justification proportionate to the variance.","PeriodicalId":372228,"journal":{"name":"Corrections & Sentencing Law & Policy eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117110213","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Dhammika Dharmapala, Nuno Garoupa, Joanna M. Shepherd
{"title":"Sentencing Guidelines, Tis Legislation, and Bargaining Power","authors":"Dhammika Dharmapala, Nuno Garoupa, Joanna M. Shepherd","doi":"10.2139/ssrn.912690","DOIUrl":"https://doi.org/10.2139/ssrn.912690","url":null,"abstract":"This paper analyzes the influence of political and institutional factors on the enactment of sentencing guidelines and truth-in-sentencing legislation by US states. First, we develop a model of strategic interaction among the judiciary, parole boards and state legislators, to analyze the consequences of these laws for the relative bargaining power of the actors. The model predicts that the enactment of these laws is more likely the greater the divergence in preferences between the legislature and the other actors. We test this hypothesis using a semiparametric proportional hazard model. Consistent with our hypothesis, the enactment of both of these types of legislation is more likely in states that have had a longer history of divided government (in particular, with Republican governors and Democratic legislatures; however, divided government with Democratic governors does not have a significant effect). These results indicate that either conservative judges and parole boards are less likely to oppose these laws, or that legislatures are more interested in constraining conservative judges and parole boards. Our results also suggest that legislatures are more likely to constrain the judiciary by enacting sentencing guidelines when the guidelines will have a substantial influence on incarceration lengths because discretionary parole has either been abolished or restricted. Truth-in-sentencing laws, which severely limit early release from prison, are also more likely to be passed when states have already abolished discretionary parole.","PeriodicalId":372228,"journal":{"name":"Corrections & Sentencing Law & Policy eJournal","volume":"189 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127592539","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Cunningham: Why Federal Practitioners and Policy-Makers Should Pay Attention","authors":"Michael M. O’Hear","doi":"10.1525/FSR.2006.18.4.260","DOIUrl":"https://doi.org/10.1525/FSR.2006.18.4.260","url":null,"abstract":"In Cunningham v. California, the United States Supreme Court will determine the constitutionality of California's determinate sentencing system. Cunningham offers the possibility of another important decision in the line of cases, beginning with Apprendi v. New Jersey, that have expanded the right to a jury trial in the sentencing context. The case not only warrants close attention from those who work in the California system, but should also be followed closely by practitioners and policy-makers at the federal level. At a time when new Justices have recently joined the Court, and the views of some old Justices may be changing, Cunningham may offer insights into the future direction of the Court's Apprendi jurisprudence, as well as an occasion for commentary by the Court on the new federal system of advisory sentencing guidelines.","PeriodicalId":372228,"journal":{"name":"Corrections & Sentencing Law & Policy eJournal","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130288496","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}