Prosecutors and Politics Project unveils national crime legislation analysis

The Prosecutors and Politics Project at UNC School of Law, has released “Crime and Punishment Across America: A 50 State Legislative Analysis,” the most comprehensive examination to date of how state legislatures approach criminal law and punishment. The study analyzed over 11,000 bills introduced across all 50 states between 2015 and 2018, creating an unprecedented national dataset that reveals the volume and patterns of criminal justice legislation. 

“This report is just one example of the high-level research that we do here at UNC,” said Anne Shea Ransdell and William Garland “Buck” Ransdell, Jr. Distinguished Professor of Law Carissa Byrne Hessick,  who directs the Prosecutors and Politics Project. “Our law students helped read thousands of proposed laws to categorize them appropriately, and our talented colleagues in the Political Science Department performed a sophisticated statistical analysis. If it weren’t for the caliber of students and the collaborative spirit of our faculty, we never could have undertaken such an ambitious project.” 

The research uncovers a clear trend in legislative priorities. State lawmakers introduced punitive legislation at a rate 3.5 times higher than lenient ones and passed such statutory provisions 2.8 times as often. Punitive bills expand the scope of criminal law or increase penalties, while lenient measures work to reduce the breadth of criminal laws or decrease punishment. Yet the data contained a surprise: mixed bills that combined both punitive and lenient provisions achieved the highest passage rates, suggesting that bipartisan compromise creates the most viable path for criminal justice legislation. 

The study reveals significant variation in how different states approach criminal justice policy. During the study period, Alaska, Kentucky, New Mexico, New York, and South Carolina enacted only punitive crime legislation. In contrast, Massachusetts, New Hampshire, Montana, Missouri, Colorado, Hawaii, and Nebraska demonstrated notably different priorities. In these latter states, at least 35% of enacted crime and punishment bills reduced the scope of criminal law or decreased penalties. 

Political party control influenced legislative outcomes in measurable ways. Republican-controlled legislatures more likely to pass punitive laws that expanded criminal law scope and increased punishment. Interestingly, partisan control had no significant effect on the passage of lenient legislation. The influence of partisanship also depended on the issue at hand. On topics like abortion and voting rights, clear partisan differences emerged in legislative approaches. However, when addressing issues such as animal cruelty or domestic violence, partisan divisions were less apparent. 

The study documented significant legislative activity across certain types of crimes. Assault, drug offenses, and firearms regulation were the most popular legislative topics. 

These findings carry implications for those seeking to influence criminal justice policy. The success of mixed legislation suggests that reforms combining punitive and lenient provisions within the same bill may prove most effective, as lawmakers appear willing to accept tougher penalties in some areas in exchange for reduced penalties in others. 

“For many years, there have been claims in both the academic literature and in public discourse about overcriminalization and expansive criminal codes,” Hessick said. “Because it is based on a rigorous national study, our report gives a clear and objective picture about legislative trends, which will hopefully allow important discussions about crime policy to continue in a more informed and productive manner.” 

Hessick will discuss the report’s findings in greater detail during a webinar on October 1. For more information about the webinar or to read the full report, visit the Prosecutors and Politics Project at UNC School of Law.