NCJ Number
88941
Date Published
1983
Length
14 pages
Annotation
Using the averages of previous sentences for a crime is a relatively good method for determining optimal sentences under determinate sentencing legislation.
Abstract
This deductive, commonsense approach is superior to an inductive and technical approach using a cost-benefit analysis. These two approaches are among a variety of approaches, some of which may be better than others depending on the circumstances. The main justification for an averaging approach to criminal sentencing it that is represents the collective wisdom of many decisionmakers across many cases. Those decisions rest on factual perceptions and normative values of the legislators who have written traditional sentencing laws, the judges who have imposed sentences within those statutory ranges, and parole board members and prison administrators who have the power to reduce judicially imposed sentences through early release. However, good policy analysis that considers effectiveness, efficiency, equity, and other goals is more important than a focus on methods when dealing with any specific problem. Reference notes are provided.