NATIONAL BUREAU OF ECONOMIC RESEARCH
NATIONAL BUREAU OF ECONOMIC RESEARCH

Criminal Sentencing in Nineteenth Century Pennsylvania

Howard Bodenhorn

NBER Working Paper No. 14283
Issued in August 2008
NBER Program(s):   DAE   LE

How law is interpreted and enforced at a particular historical moment reflects contemporary social concerns and prejudices. This paper investigates the nature of criminal sentencing in mid-nineteenth-century Pennsylvania. It finds that extralegal factors, namely place of conviction and several personal characteristics, were important determinants of sentence length. The observed disparities in the mid-nineteenth century, however, are different than modern disparities. Instead of longer sentences, African Americans and recent immigrants tended to receive shorter sentences, whereas more affluent offenders received longer sentences. The results are consistent with other interpretations of the period as the "era of the common man."

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Document Object Identifier (DOI): 10.3386/w14283

Published: "Criminal Sentencing in Nineteenth Century Pennsylvania." Explorations in Economic History 46:3 (July 2009), 287-298.

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