Assessment of Variables Used in Presentence Recommendations and Court Decisions

• NCJ Number: 86564
• Author(s): K Lichtenstein
• Date Published: 1980
• Length: 35 pages
• Grant Number(s): AT-O
• Sponsoring Agency: National Institute of Corrections
• Corporate Author: Washington State
• Sale Source: National Institute of Justice/
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

This study focuses on the possibility that offenders' race influences sentencing recommendations and the imposed sentence, as well as sentencing disparities among individual judges in Seattle.

Abstract

In 1976, the Seattle Presentence Unit in Washington State was studied to assess the degree of the superior court's acceptance of sentencing recommendations. While the evaluation found that the degree of court acceptance of recommendations was quite high, the final report also emphasized the need for further research concerning the variables influencing recommendations and court decisions. This study investigated these variables. The recommendations and sentences of 826 convicted offenders were analyzed using multiple partial correlation to assess the specific effects of race on the sentencing process. Black offenders received significantly harsher recommended sentences for drug crimes. However, a more detailed analysis revealed that blacks were more frequently convicted for narcotics violations, and whites were more frequently convicted for marijuana violations. Thus, the differences in sentence severity between blacks and whites convicted of drug crimes may be explained by the type of drug involved. In general, there was little evidence of racial discrimination in the recommendations and sentences received by offenders. Concerning sentencing disparities, the comparison of sentences across judges revealed substantial variation in the severity of sentences imposed by judges. While there were no significant differences in the recommendations sent to selected judges, the most lenient judges gave 74 percent of the property offenders straight probation. In contrast, the most severe judges sent 71 percent of the property offenders to jail. Such disparities in sentences demonstrate the inequities of the current criminal justice system. Clearly, efforts to establish more consistent standards should be continued. Tables and 15 references are provided, and data collection instruments are appended. (Author abstract modified)