NCJ Number
111736
Journal
Criminal Law Bulletin Volume: 24 Issue: 3 Dated: (May-June 1988) Pages: 249-253
Date Published
1988
Length
5 pages
Annotation
By focusing on future employability rather than past employment patterns, sentencing judges can avoid discrimination in sentencing and reduce recidivism, at least among property offenders.
Abstract
Sentencing judges are faced with a dilemma when considering employment history as a sentencing factor. This nonlegal factor often works against racial minorities and gives rise to charges of discrimination. On the other hand, employment history has been shown to be a factor in recidivism. Judges should consider employment factors in a positive rather than negative perspective and thus avoid discrimination. Future sentencing guidelines should require judges to shift their focus from evaluating a defendant's past employment history to developing creative plans for improving an offender's future employment prospects. Before they send a nonviolent offender to prison, judges must consider a probation program that includes strict supervision, job training, and a carefully selected job. Offenders from racial minorities on average are more likely to have a poor employment record. Judges, however, must emphasize ways of improving an offender's future job opportunities rather than dwelling on past employment problems. 33 footnotes.