The “Dark Figure” of Incarceration—The Imposition of Consecutive Incarceration Sentences as a Window of Discretion

Objectives: The decision to impose consecutive incarceration sentences, rather than concurrent, is an important discretionary decision that is often not structured by guidelines. We develop and test expectations, guided by the focal concerns framework, regarding case and defendant characteristics that are likely to evoke heightened perceptions of blameworthiness and danger, and thus should be more likely to result in consecutive incarceration.

Methods: We use data on individuals sentenced in Pennsylvania from 2015 to 2019 to predict the odds of receiving a consecutive incarceration sentence.

Results: We find that individuals convicted of violent offenses and those convicted of behavior spanning multiple criminal incidents were much more likely to receive consecutive incarceration. We found no evidence of differences across race of the defendant in the likelihood of receiving consecutive incarceration. We also demonstrate a strong relationship between consecutive incarceration and mode of conviction; those convicted by trial had much greater odds of receiving consecutive incarceration.

Conclusions: Our findings raise unexamined questions about sentencing policy, including sentencing guidelines, wherein the decision between consecutive and concurrent incarceration is highly consequential, unguided, and unstructured.

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Work Title The “Dark Figure” of Incarceration—The Imposition of Consecutive Incarceration Sentences as a Window of Discretion
Access
Open Access
Creators
  1. Jeffery T. Ulmer
  2. Miranda A. Galvin
Keyword
  1. Sentencing
  2. Incarceration
  3. Corrections
  4. Race/ethnicity
  5. Consecutive sentences
License In Copyright (Rights Reserved)
Work Type Article
Publisher
  1. Journal of Research in Crime and Delinquency
Publication Date September 14, 2023
Publisher Identifier (DOI)
  1. https://doi.org/10.1177/00224278231194709
Deposited March 03, 2025

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Version 1
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  • Created

    March 03, 2025 16:57 by Researcher Metadata Database

  • Added Ulmer_Galvin_2025_JRCD.pdf

    March 03, 2025 16:57 by Researcher Metadata Database

  • Added Creator Jeffery T. Ulmer

    March 03, 2025 16:57 by Researcher Metadata Database

  • Added Creator Miranda A. Galvin

    March 03, 2025 16:57 by Researcher Metadata Database

  • Published

    March 03, 2025 16:57 by Researcher Metadata Database

  • Updated

    March 03, 2025 21:05 by [unknown user]

  • Updated Keyword, Description, Publication Date Show Changes

    March 04, 2025 11:00 by avs5190

    Keyword
    • Sentencing, Incarceration, Corrections, Race/ethnicity, Consecutive sentences
    Description
    • Objectives: The decision to impose consecutive incarceration sentences, rather than concurrent, is an important discretionary decision that is often not structured by guidelines. We develop and test expectations, guided by the focal concerns framework, regarding case and defendant characteristics that are likely to evoke heightened perceptions of blameworthiness and danger, and thus should be more likely to result in consecutive incarceration. Methods: We use data on individuals sentenced in Pennsylvania from 2015 to 2019 to predict the odds of receiving a consecutive incarceration sentence. Results: We find that individuals convicted of violent offenses and those convicted of behavior spanning multiple criminal incidents were much more likely to receive consecutive incarceration. We found no evidence of differences across race of the defendant in the likelihood of receiving consecutive incarceration. We also demonstrate a strong relationship between consecutive incarceration and mode of conviction; those convicted by trial had much greater odds of receiving consecutive incarceration. Conclusions: Our findings raise unexamined questions about sentencing policy, including sentencing guidelines, wherein the decision between consecutive and concurrent incarceration is highly consequential, unguided, and unstructured.
    • Objectives: The decision to impose consecutive incarceration sentences, rather than concurrent, is an important discretionary decision that is often not structured by guidelines. We develop and test expectations, guided by the focal concerns framework, regarding case and defendant characteristics that are likely to evoke heightened perceptions of blameworthiness and danger, and thus should be more likely to result in consecutive incarceration.
    • Methods: We use data on individuals sentenced in Pennsylvania from 2015 to 2019 to predict the odds of receiving a consecutive incarceration sentence.
    • Results: We find that individuals convicted of violent offenses and those convicted of behavior spanning multiple criminal incidents were much more likely to receive consecutive incarceration. We found no evidence of differences across race of the defendant in the likelihood of receiving consecutive incarceration. We also demonstrate a strong relationship between consecutive incarceration and mode of conviction; those convicted by trial had much greater odds of receiving consecutive incarceration.
    • Conclusions: Our findings raise unexamined questions about sentencing policy, including sentencing guidelines, wherein the decision between consecutive and concurrent incarceration is highly consequential, unguided, and unstructured.
    Publication Date
    • 2025-02-01
    • 2023-09-14