Research on sentencing : the search for reform / Alfred Blumstein ... [et al.], editors ; Panel on Sentencing Research, Committee on Research on Law Enforcement and the Administration of Justice, Commission on Behavioral and Social Sciences and Education, National Research Council.

Format:

Book

Contributor:

National Research Council (U.S.). Panel on Sentencing Research.

Blumstein, Alfred.

Language:

English

Subjects (All):

Sentences (Criminal procedure)--United States.

Sentences (Criminal procedure).

Sentences (Criminal procedure)--United States--States.

Physical Description:

v. <1>.

Edition:

1st ed.

Place of Publication:

Washington, D.C. : National Academy Press, 1983-

Language Note:

English

Contents:

Research on Sentencing: The Search for Reform

Copyright

Contents

Preface

Summary

INTRODUCTION

BACKGROUND

The Sentencing Reform Movement

Goals of Sentencing

SCOPE OF THE STUDY

DETERMINANTS OF SENTENCES

INTRODUCTION: DISCRIMINATION AND DISPARITY

THE RANGE OF VARIABLES CONSIDERED AND THEIR EXPLANATORY POWER

THE PRIMARY DETERMINANTS OF SENTENCES

DISCRIMINATION BY RACE

Prison Populations

The Sentencing Process

DISCRIMINATION BY SOCIOECONOMIC STATUS

DISCRIMINATION BY SEX

CASE-PROCESSING VARIABLES

DISPARITY

STRUCTURING SENTENCING DECISIONS

POLICY AND TECHNICAL CHOICES

DEVELOPING, IMPLEMENTING, AND ENFORCING NEW SENTENCING POLICIES

ASSESSMENT OF THE EFFECTS OF NEW SENTENCING POLICIES

THE RESULTS OF REFORMS

THE METHODOLOGY OF IMPACT STUDIES

SENTENCING POLICIES AND PRISON POPULATIONS

RESEARCH AGENDA

SENTENCING PRACTICE AND BEHAVIOR

ESTIMATING THE EFFECTS OF CHANGES IN SENTENCING POLICY

NATURAL EXPERIMENTS TO STUDY THE EFFECTS OF SENTENCING CHANGES

1 Introduction: Sentencing Practices and the Sentencing Reform Movement

THE PROCESSES THAT CONSTITUTE SENTENCING

VICTIMS AND WITNESSES

POLICE

PROSECUTORS

JUDGES

PAROLE BOARDS

CORRECTIONS ADMINISTRATORS

EXECUTIVE CLEMENCY: COMMUTATIONS AND PARDONS

LEGISLATURES

THE SYSTEM AS A WHOLE

THE GOALS OF CRIMINAL SANCTIONS

NORMATIVE GOALS

FUNCTIONAL GOALS

AMERICAN SENTENCING IN COMPARATIVE AND HISTORICAL PERSPECTIVE

CONTEMPORARY AMERICAN SENTENCING

Prosecutors

Parole Boards

Trial Judges

EUROPEAN SENTENCING SYSTEMS

Plea Bargaining

Parole

Appellate Sentence Review

THE DEVELOPMENT OF AMERICAN SENTENCING STRUCTURES AND EFFORTS TO REFORM THEM

Colonial America

1790-1820: Reform of the Law

1820-1900: Emphasis on Prisons

1900-1970: The Rehabilitative Model.

THE CURRENT SENTENCING REFORM MOVEMENT

Prison Uprisings and the Civil Rights Movement

The Philosophy of Rights and Control of Discretion

Demand for Accountability

Rejection of Rehabilitation

Disparity and Discrimination

Crime Control

The Role of Social Science Research in Sentencing Changes

SCOPE OF THIS REPORT

2 Determinants of Sentences

ISSUES

THE RANGE OF VARIABLES CONSIDERED AS DETERMINANTS OF SENTENCES

DISCRIMINATION AND DISPARITY

Discrimination

Disparity

ALTERNATE METHODOLOGICAL APPROACHES TO ANALYSES OF SENTENCING

Observation and Interviews

Experiments

Statistical and Combined Approaches

FINDINGS

METHODOLOGICAL CONCERNS

Offense Seriousness

Offender's Prior Record

Methodological Issues

Studies of Sentencing

Measurement Errors and Their Consequences

CONCLUSION

3 Structuring Sentencing Decisions

THE VARIETY OF INNOVATIONS

THE RETREAT FROM INDETERMINACY

CLASSIFICATION OF OFFENSES

REASONS REQUIREMENTS AND PRESUMPTIONS

SENTENCING INSTITUTES

SENTENCING COUNCILS

ABOLITION OR REGULATION OF PLEA NEGOTIATION

MANDATORY MINIMUM SENTENCES

STATUTORY DETERMINATE SENTENCING LAWS (ABOLITION OF PAROLE)

PRESUMPTIVE/PRESCRIPTIVE SENTENCING GUIDELINES AND SENTENCING COMMISSIONS

VOLUNTARY/DESCRIPTIVE SENTENCING GUIDELINES

PAROLE GUIDELINES

APPELLATE SENTENCE REVIEW

DEVELOPING GUIDELINES: MODELING AND DATA ISSUES

MODELING PAST PRACTICE

USING EMPIRICAL DATA

DATA DEFINITION

Data Collection

Sample Design

DEVELOPING GUIDELINES: POLICY AND TECHNICAL CHOICES

UNAVOIDABLE POLICY CHOICES

The Guidelines Offense

Guilty-Plea Discounts.

Social Variables

Urban/Rural Differences

Comment

PRACTICAL ISSUES IN STRUCTURING SENTENCING DISCRETION

Approaches for Formatting and Presenting Sentencing Standards

Organizing Principles of Guidelines Matrices

Linking Offender Score to Current Offense

Specificity of Sentencing Standards

Philosophical Implications

THE PROCESSES OF DEVELOPING, IMPLEMENTING, AND ENFORCING NEW SENTENCING STANDARDS

DEVELOPMENT PROCESSES AND IMPLEMENTATION

ENFORCEMENT

Legal Authority

Review Mechanisms

4 Sentencing Reforms and Their Effects

COMPLIANCE WITH SENTENCING REFORMS

ABOLITION OF PLEA BARGAINING

MANDATORY SENTENCING LAWS

DETERMINATE SENTENCING IN CALIFORNIA

SENTENCING GUIDELINES

PAROLE REFORMS

Parole Abolition

Parole Guidelines

ADAPTIVE RESPONSES TO SENTENCING REFORMS

ADAPTATIONS TO PLEA-BARGAINING BANS

Alaska

"Hampton" County

Wayne County, Michigan

CALIFORNIA'S DETERMINATE SENTENCING LAW

Charging

THE USE AND SEVERITY OF SANCTIONS

PLEA-BARGAINING BANS

MANDATORY MINIMUM SENTENCING LAWS

Trends in Prison Use

Factors Contributing to Increased Prison Use

Impact on Length and Disparity of Prison Terms

Departure Rates

Changes in Disparity and Severity

CONCLUSIONS

SUBSTANTIVE FINDINGS

Formal Compliance

Adaptive Responses

Sentencing Outcomes, Disparity, and Marginal Cases

The Need for Extended Observation Periods

The Need for Outcome Measures at All Levels of Case Processing

The Need for Adequate Controls for Changes in Case Attributes

The Need for Qualitative Analysis of System Functioning.

5 Sentencing Policies and Their Impact on Prison Populations

CHANGES IN PRISON POPULATIONS AND THEIR IMPLICATIONS

INCREASES IN PRISON POPULATIONS

PRISON CAPACITY AND CONDITIONS OF CONFINEMENT

Inmate Health and Behavior

Determinate Sentencing and Institutional Programs

Inmate Misconduct, Disciplinary Procedures, and Determinate Sentencing

PROJECTION OF PRISON POPULATIONS: NEED, TECHNOLOGY, AND USES

NEED FOR PROJECTIONS OF PRISON POPULATIONS

PROJECTION METHODS: THEIR USES AND SHORTCOMINGS

Naive Projections Using the Existing Situation as a Baseline

Extrapolations of Time-Series Data

Use of Predictor Variables

Projections Based on Demographic-Specific Incarceration Rates

Disaggregated Flow Models

Microsimulation Models

ESTIMATING THE EFFECTS OF SENTENCING POLICY CHANGES ON PRISON POPULATIONS

ALTERNATIVE STRATEGIES FOR HANDLING INCREASING PRISON POPULATIONS

INCREASING PRISON CAPACITY: THE POPULATION-CONSTRUCTION NEXUS

ALTERNATIVES TO INCARCERATION

MECHANISMS TO CONTROL INFLOW AND RELEASE OF PRISONERS

IMPACT OF ALTERNATIVE STRATEGIES

6 Research Agenda for the Study of Sentencing

GENERAL RESEARCH STRATEGY

A BALANCED PROGRAM

CAPITALIZING ON NATURAL EXPERIMENTS: THE IMPORTANCE OF TIMING

DATA NEEDS

DIVERSIFYING RESEARCH APPROACHES

DISCRIMINATION

PUBLIC OPINION

RESEARCH APPROACHES

PREDICTION RESEARCH AND SELECTIVE INCAPACITATION

APPELLATE REVIEW

IMPLEMENTATION OF NEW POLICIES

EFFECTS OF SENTENCING REFORMS

SENTENCING POLICY AND PRISONS

References

APPENDIX A Participants, Conference on Sentencing Research

APPENDIX B Biographical Sketches, Panel Members and Staff.

Notes:

Bibliographic Level Mode of Issuance: Monograph

Bibliography: v. 1, p. 283-307.

ISBN:

9786610245901

9781280245909

1280245905

9780309563925

0309563925

9780585194967

0585194963

OCLC:

923268100