Cited by 130Criminal Justice and Corrections AnalysisCriminal Justice and PenologyLaw, Economics, and Judicial Systems

More Time, Less Crime? Estimating the Incapacitative Effect of Sentence Enhancements

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Owens, Emily G.·2009·The Journal of Law and Economics

Abstract

Sentence enhancements can reduce crime by causing potential offenders to change their behavior and by removing dangerous offenders from society for longer periods of time. I estimate the incapacitative effect of longer sentences by exploiting a 2001 change in Maryland sentencing guidelines that reduced the sentence of 23, 24 and 25 year old males with delinquent records by a mean of 222 days per delinquent 'point'. I find that during this sentence 'disenhancement', offenders were on average arrested for 2.8 criminal acts and were involved in between 1.4 and 1.6 index crimes per person during the period in which they would have otherwise been incarcerated. While significantly lower than previous estimates of incapacitation, I find that on the margin, the social cost of the crimes averted by incapacitation is slightly higher than the marginal cost to the state of imposing a one year sentence enhancement.

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Crossref · 10.1086/593141

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  • Much of the literature focuses on incapacitation effects, finding reductions in crime while offenders are in prison.

    “Much of this literature focuses on incapacitation effects, finding reductions in crime while offenders are in prison.”

    From Incarceration, Recidivism, and Employment (2020) · cites this paper as Owens (2009)

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Authors
Owens, E. G.
Affiliations
Cornell University (US)
Corresponding author
Owens, Emily G.
Venue
The Journal of Law and Economics
Published
2009-08
Volume
52
Issue
3
Pages
551-579
ISSN
  • 0022-2186 (ISSN-L)
  • 1537-5285
OpenAlex
W2124930152
Cited by
130
References
56
Citations by year
2026: 2 · 2025: 6 · 2024: 5 · 2023: 7 · 2022: 7 · 2021: 5 · 2020: 5 · 2019: 10 · 2018: 6 · 2017: 8 · 2016: 8 · 2015: 11 · 2014: 12 · 2013: 13 · 2012: 10
FWCI
23.82
Type
journal article
Language
en
Open access
Locations
  • The Journal of Law and Economics (publishedVersion)
  • SSRN Electronic Journal (acceptedVersion)
  • bepress Legal Repository (submittedVersion)
  • eCommons (Cornell University) (submittedVersion)
Topics
  • Social Sciences › Sociology and Political Science › Criminal Justice and Corrections Analysis
  • Social Sciences › Law › Criminal Justice and Penology
  • Social Sciences › Economics, Econometrics and Finance › Economics and Econometrics › Law, Economics, and Judicial Systems
Keywords
sentence enhancement, incapacitation, recidivism, juvenile delinquency, sentencing guidelines, crime deterrence, social costs of crime

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