Rewriting the Record: A Qualitative Analysis of Race, Criminal History, and Sentencing Policy Reform in Pennsylvania

Research on courts and sentencing shows an inextricable link between race and criminal history, which is often cited as a key driver of disparities in outcomes. Despite robust academic evidence of the detrimental effects of prior record policies, sentencing commissions and policymakers generally have demonstrated no interest in making changes to sentencing policies to address the disparities that flow from prior record penalty enhancements. One notable exception is the Pennsylvania Commission on Sentencing whose eighth edition guidelines drastically restructured that system's prior record score (PRS) to reduce the impact of criminal history on punishment recommendations. Rooted in Du Bois's sociological criminology perspective, the current study employs a qualitative analysis of ten years of documentation (2013–2023) to investigate the motivations, challenges, and ultimate achievements of this significant punishment policy reform. Sources of documentation include internal and publicly available reports, presentations, and transcripts from over 50 hours of recorded Commission meetings and public hearings. Findings reveal a lengthy, thoughtful, and at times, challenging journey from initial proposals to the adopted version of PRS. The results have strong implications for policymaking in jurisdictions reconsidering the role of criminal history in punishment and looking to reduce racial and ethnic disparities.