The Scope, Distribution, and Impact of Departures from Sentencing Guidelines in Minnesota, 1991-2022

• In Event: Inequality, Race, and Punishment

Abstract

This paper examines trends in dispositional and durational departure rates, the concentration of departures in particular offense categories, the defendants who receive departures, and the impact of departures on incarceration and reincarceration rates in Minnesota. Results show a recent upward trend in downward departures, particularly for offenses such as identity theft, felony DWI, and failure to register after conviction for sex crimes (MSGC 2024). We discuss what it means when judges go outside of the prescribed sentencing ranges and the implications for law, policy, and defendants in the system.

Authors

• Christopher Uggen, University of Minnesota

• Nick Dickens, University of MInnesota

• Aaron Sojourner, Upjohn Institute

• Julia Laskorunsky, University of Minnesota