Jail Utilization and Court Sentencing: Does Jail Overcrowding Influence State Court Sentencing Decisions?

Abstract

Drawing upon organizational perspectives and focal concerns theory, this article tests the impacts of jail utilization (i.e. the ratio of jail population: rated capacity) on sentencing practices. Using 18 years of felony sentencing data from Florida and county characteristics, ordinary least squares regression models are estimated to determine whether jail utilization impacts sentencing trends between counties. Latent growth curves assess jail utilization effects within counties over time. Jail utilization is significantly associated with sentencing and this effect is robust across and within counties over time. Across counties the effect is largely non-linear; community-based sanctions are more common in counties that have reached a jail utilization threshold. Jail utilization effects are robust across general and discretionary cases but vary according to local crime rates. The findings suggest that extralegal considerations influence sentencing decisions; i.e. when jail utilization decreases, courts will impose more jail sentences simply because space is available.