Social and Behavioral Sciences Commons^™

Smart Sentencing Guidelines: The Effect Of Marginal Policy Changes On Recidivism, Sarah M. Estelle, David C. Phillips

Faculty Publications

Public appeals regarding criminal justice have shifted somewhat from “tough on crime” to “smart justice” that is more lenient when tradeoffs merit it. Among other considerations, smart sentencing policy depends on how sentence severity affects recidivism. Using administrative data on two common non-violent felonies committed by adults in Michigan, we measure the effect of sentences on offenders' future criminal activity. Discontinuities in the legislative guidelines that constrain sentences chosen by Michigan judges provide exogenous variation in sentence severity. Harsher sentences generated by sentencing guidelines significantly reduce recidivism by felony shoplifters but not repeat drunk drivers. Recidivism falls most for young, …