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There is a debate about whether advisory non-binding sentencing guidelines affect the sentences outcomes of individuals convicted in jurisdictions with this sentencing framework. Identifying the impact of sentencing guidelines is a difficult empirical problem because court actors may have preferences for sentencing severity that are correlated with the preferences that are outlined in the guidelines. But, in Maryland, ten percent of the recommended sentences computed in the guideline worksheets contain calculation errors. We use this unique source of quasi-experimental variation to quantify the extent to which sentencing guidelines influence policy outcomes. Among drug offenses, we find that the direct impact of the guidelines is roughly ½ the size of the overall correlation between recommendations and outcomes. For violent offenses, we find the same ½ discount for sentence recommendations that are higher than they should have been, but more responsiveness to recommendations that are too low. We find no evidence that the guidelines themselves directly affect discretion for property offenders, perhaps because judges generally have substantial experience with property cases and therefore do not rely on the errant information. Sentences are more sensitive to both accurate and inaccurate recommendations for crimes that occur less frequently and have more complicated sentencing. This suggests that when the court has more experience, the recommendations have less influence. More tentative findings suggest that, further down the decision chain, parole boards counteract the remaining influence of the guidelines.
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The Paycheck Protection Program (PPP) has provided funds for payroll, rent, mortgage, and utilities to businesses with fewer than 500 employees to help ease the economic effects of the coronavirus disease 2019 pandemic. However, the PPP did not initially allow participation by companies owned by individuals with criminal backgrounds. The PPP's definition of criminal background included individuals with felony convictions in the past five years. Following pushback from policymakers and advocacy groups, the Trump administration limited the five-year restrictions to certain felonies; for all other felonies, the restrictions were limited to a one-year window after conviction for those not incarcerated. In February 2021, the Biden administration further relaxed the PPP restrictions, removing the one-year window. In this report, researchers estimate how many small businesses have owners with criminal history records and how many businesses were potentially affected by PPP restrictions. Researchers accessed information from a consumer and background check company, which collects and organizes data in a wide variety of domains and which links information from individual criminal history records with information about company ownership. This innovative use of commercially collected and indexed criminal history data generated national estimates of the prevalence of criminal history records in the United States.
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There is a debate about whether advisory non-binding sentencing guidelines affect the sentences outcomes of individuals convicted in jurisdictions with this sentencing framework. Identifying the impact of sentencing guidelines is a difficult empirical problem because court actors may have preferences for sentencing severity that are correlated with the preferences that are outlined in the guidelines. But, in Maryland, ten percent of the recommended sentences computed in the guideline worksheets contain calculation errors. We use this unique source of quasi-experimental variation to quantify the extent to which sentencing guidelines influence policy outcomes. Among drug offenses, we find that the direct impact of the guidelines is roughly ½ the size of the overall correlation between recommendations and outcomes. For violent offenses, we find the same ½ discount for sentence recommendations that are higher than they should have been, but more responsiveness to recommendations that are too low. We find no evidence that the guidelines themselves directly affect discretion for property offenders, perhaps because judges generally have substantial experience with property cases and therefore do not rely on the errant information. Sentences are more sensitive to both accurate and inaccurate recommendations for crimes that occur less frequently and have more complicated sentencing. This suggests that when the court has more experience, the recommendations have less influence. More tentative findings suggest that, further down the decision chain, parole boards counteract the remaining influence of the guidelines.
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Criminal background checks are commonly used in the United States to screen people for various opportunities, including employment. The evaluations operate on a broadly accepted assumption that past behavior is a good predictor of future behavior. Contrary to popular belief, however, most who enter the criminal justice system ultimately desist from crime. The risk of recidivism declines the longer a person is in the community and does not commit a crime. Eventually, a past criminal record is no longer predictive of future convictions. However, most background checks do not adequately account for the time someone spends in the community without a new conviction. Not having updated information may skew the risk assessment to make people look riskier than they are, resulting in denied opportunities. The authors describe how background checks can be improved to include information about time spent in the community, thereby more accurately reflecting risk of recidivism. They suggest that any viable risk-assessment instrument used in background checks should reset the assessment of recidivism risk to the time of the background check and not the time of conviction, as current methods derived from the criminal justice context do. The authors call this the reset principle. If models based on the reset principle are developed into tools that employers and others can use to assess recidivism risk, they may offer a more accurate way to distinguish candidates' risk of recidivism. Thus, they may offer many with criminal histories a way to demonstrate that they should be offered another chance.
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The U.S. Department of Defense (DoD) Defense Counterintelligence and Security Agency (DCSA) is the federal agency responsible for conducting the background investigations and personnel vetting for 95 percent of the federal workforce, including current and prospective federal government employees and contractors. DCSA collects relevant criminal history record information (CHRI) as part of these investigations from federal and state, local, tribal, and territorial (SLTT) law enforcement and criminal justice agencies. SLTT organizations, however, are often unaware of DCSA's role, responsibilities, and authorities and unaccustomed to CHRI collection and federal background investigations generally. This lack of awareness can impede or delay DCSA's collection of CHRI. In turn, it can slow the investigation and vetting process for federal employees and contractors. To help address this challenge, Congress authorized DCSA to provide training and education assistance to SLTT communities in 2020 to streamline and improve access to historical criminal record data. DCSA then requested assistance from the RAND Corporation's National Defense Research Institute with developing educational and training materials to use in support of these activities. The objective of these materials is to develop and deepen SLTT agencies' knowledge and understanding of their federal statutory obligations to share CHRI with DCSA and to facilitate more effective and efficient CHRI sharing. The intent of these materials is to help create a more robust partnership between DCSA and the more than 18,000 law enforcement and criminal justice agencies nationwide. This report presents these materials and the underlying research conducted to build them.
Criminal records --- Employee screening --- Access control --- United States. --- United States --- Officials and employees --- Selection and appointment.
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