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Symbolic Policy and the Sentencing of Drug Offenders

Published online by Cambridge University Press:  01 July 2024

Martha A. Myers
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Abstract

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This paper examines the sentencing behavior of judges in a context characterized by significant legislative and social change. Data from Georgia are used to explore the ways in which judges accommodated their sentencing practices to a general crusade against drug use and to specific legislation that identified trafficking as criminal, set harsh penalties, and limited judicial discretion. The results suggest that judges selectively mitigated the harshness embodied in legislative pronouncements. The extent of mitigation depended on when sentencing occurred, the offense under consideration, and the offender's race. The impact of legislative changes appeared to be shortlived for the initial incarceration decision and more sustained for outcomes involving imprisonment, but modest for both. The target of symbolic policies, the trafficker, bore the brunt of increased punitiveness, but some spillover severity affected less serious drug offenders. Finally, the effect of race on sentences was influenced by legislative changes. During the height of legislative activity, differential treatment by race increased, further disadvantaging blacks, particularly black traffickers.

Type
Research Article
Information
Law & Society Review , Volume 23 , Issue 2 , 1989 , pp. 295 - 315
Copyright
Copyright © 1989 The Law and Society Association.

Footnotes

I am grateful to Georgia's Department of Corrections for making the data available, and to the National Institute of Justice, which funded preliminary data analysis. Neither agency bears any responsibility for the analysis or conclusions presented herein.

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