Sentencing Decisions Around Quantity Thresholds: Theory and Experiment
Abstract
To limit sentencing disparities, criminal codes divide offenses into subsections with specific sentencing ranges. To do so, they often use quantity thresholds (e.g. drug amount). We study the effects of such quantity thresholds on sentencing decisions and argue that the threshold effect can be decomposed into two opposing mechanisms: the severity and the reference mechanisms. We conduct a vignette experiment with Czech prosecutors and find that quantity thresholds drive substantial increases in sentences and thus lead to a new source of sentencing disparities. In the most striking case, the quantity threshold increases the average recommended sentence between two marginally different cases by 55%. Finally, using a new parametric measure of (in)justice, we quantify the effect of thresholds on the probability of a just sentence for a given level of tolerance.
Authors 2
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Jakub Drápal Aachen
Leiden University · Charles University · Czech Academy of Sciences · Czech Academy of Sciences, Institute of State and Law
Affiliation as printed
Academy of Sciences of the Czech Republic - Institute of State and Law, Národní 18, Praha 1, 11600, Czech Republic
Charles University in Prague, Prague, Czech Republic
Faculty of Law, Charles University, Nám. Curieových 7, Praha 1, 11640, Czech Republic
Leiden University, Postbus 9500, Leiden, Zuid Holland 2300 RA, Netherlands
Charles University in Prague, Faculty of Law
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Michal Šoltés corresponding
Charles University · Center for Economic Research and Graduate Education – Economics Institute
Affiliation as printed
Charles University, Facuty of Law, nam. Curieovych 7, Prague 1, 11640, Czech Republic
Charles University in Prague - CERGE-EI (Center for Economic Research and Graduate Education - Economics Institute)
Charles University in Prague - Department of Economics
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