Cited by 273Criminal Justice and Corrections AnalysisCriminal Justice and PenologyLaw, Economics, and Judicial Systems

COURT COMMUNITIES UNDER SENTENCING GUIDELINES: DILEMMAS OF FORMAL RATIONALITY AND SENTENCING DISPARITY

ULMER, JEFFERY T., KRAMER, JOHN H.·1996·Criminology

Abstract

Efforts to structure sentencing through guidelines involve a fundamental dilemma for the sociology of law—guidelines attempt to emphasize formal rationality and uniformity (Savelsberg, 1992) while allowing discretion to tailor sentences to fit situations and characteristics of individual defendants when courts deem it warranted (substantive rationality). This exercise of substantive rationality in sentencing based on “extralegal” criteria deemed relevant by local court actors risks the kind of unwarranted disparity that guidelines were intended to reduce. We view local courts as arenas in which two sets of sentencing standards meet—formal rational ones articulated by guidelines vs. substantive, extralegal criteria deemed relevant by local court actors. We use statistical and qualitative data from Pennsylvania, a state whose courts have operated under sentencing guidelines for over a decade. Our analysis examines extralegal differences in three county courts' sentencing outcomes, and then documents ways in which substantive rational sentencing criteria are intertwined with defendants' exercise of their right to trial and their race and gender.

Integrity signals

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Crossref · 10.1111/j.1745-9125.1996.tb01212.x

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  • Both legal and extralegal considerations affect the interpretation and prioritization of focal concerns through local substantive rationality.

    “Both legal and extralegal considerations affect the interpretation and prioritization of these focal concerns through local substantive rationality, i.e., individualized, ideologically driven decision goals and criteria (Savelsberg 1992, Ulmer & Kramer 1996).”

    From Criminal Justice in Indian Country: A Theoretical and Empirical Agenda (2019) · cites this paper as Ulmer & Kramer 1996

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Authors
ULMER, J. T., & KRAMER, J. H.
Affiliations
  • Purdue University West Lafayette (US)
  • Pennsylvania State University (US)
Venue
Criminology
Publisher
Wiley
Published
1996-08
Volume
34
Issue
3
Pages
383-408
ISSN
  • 0011-1384 (ISSN-L)
  • 1745-9125
OpenAlex
W1980226090
Cited by
273
References
3
Citations by year
2026: 8 · 2025: 9 · 2024: 5 · 2023: 7 · 2022: 10 · 2021: 13 · 2020: 11 · 2019: 15 · 2018: 7 · 2017: 12 · 2016: 5 · 2015: 16 · 2014: 8 · 2013: 7 · 2012: 10
FWCI
13.35
Type
journal article
Language
en
Open access
closed
Locations
Criminology (publishedVersion)
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
sentencing guidelines, sentencing disparities, formal rationality, substantive rationality, judicial discretion, right to a trial, county courts, Pennsylvania courts, sociology of law

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