How Minimum Sentences Benefit Offenders—The Case of Suspended Sentences

نویسندگان

چکیده

Legislatures often require a specific or minimal sentence be imposed if certain conditions are fulfilled. This study shows how such rules might benefit defendants. Israeli law requires that suspended prison activated the offender is reconvicted of further offense during term suspension. Hence, becomes sort minimum for breach offense. Yet judges allowed to prolong if, among other things, minor and hence does not result in sentence. Using propensity score matching analyze rich database magistrate court cases, we find courts use exception much more than expected and, importantly, refrain from sentencing breaching defendants prison, even justifies imprisonment, order circumvent requirement activate Moreover, severe offenses, less likely an sentence, compared similar who breach. For being reduces likelihood some offenders, thus rather punishment.

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ژورنال

عنوان ژورنال: Law and Social Inquiry-journal of The American Bar Foundation

سال: 2022

ISSN: ['0897-6546', '1747-4469']

DOI: https://doi.org/10.1017/lsi.2022.53