NCJ Number
65427
Date Published
1980
Length
110 pages
Annotation
FIVE PAPERS PERTAINING TO PAROLE DECISIONMAKING IN THE FEDERAL SYSTEM ARE PRESENTED IN THIS VOLUME. A SIXTH PAPER DESCRIBES THE DEVELOPMENT OF DECISION GUIDELINES BY THE OREGON PAROLE AUTHORITY.
Abstract
A DISCUSSION ON REFORM IN THE DETERMINATION OF PRISON TERMS NOTES THAT AUTHORITIES CONCUR ON THE REFORM GOAL DESIRED: GREATER EQUITY AND DETERMINANCY. HOWEVER, THEY DISAGREE ON THE MOST EFFECTIVE STRATEGY FOR ACHIEVING THESE GOALS. BECAUSE CONGRESS IS CONSIDERING THE EXTENSION OF A GUIDELINE SYSTEM TO JUDICIAL SENTENCING DECISIONS, THE TWO DISTINGUISHABLE STRATEGIES FOR ALLOCATION OF SENTENCING POWER UNDER SUCH A SYSTEM--THE SINGLE AUTHORITY MODEL AND THE DUAL AUTHORITY MODEL--ARE EXAMINED. THE ARTICLE PRESENTS THE ARGUMENT THAT, FROM AN OPERATIONAL OR PRACTICAL PERSPECTIVE, THE DUAL AUTHORITY MODEL (INCORPORATING MULTIPLE CHECKS ON DISCRETION) IS SUBSTANTIALLY MORE LIKELY TO PRODUCE THE ACTUAL IMPROVEMENT IN SENTENCING PRACTICES DESIRED. ANOTHER PAPER ARGUES FOR REVISION OF SENATE BILL 1437, DESIGNED TO RECODIFY AND REFORM FEDERAL CRIMINAL LAW, BECAUSE IT PROPOSES A SYSTEM THAT WILL NOT ACHIEVE ITS GOALS OF REDUCING DISPARITY AND UNCERTAINTY IN CRIMINAL SENTENCING. IN CONTRAST, THE ARTICLE SUGGESTS THE ESTABLISHMENT OF A POLICYMAKING BODY TO PROMULGATE GUIDELINES FOR THE STRUCTURING OF JUDICIAL DISCRETION IN MAKING CHOICES BETWEEN SANCTIONS INVOLVING A YEAR OR LESS OF IMPRISONMENT AND THE SANCTION OF IMPRISONMENT FOR MORE THAN 1 YEAR. A REVIEW IS ALSO PRESENTED ON THE ARGUMENTS AND SUPPORTING RESEARCH BEARING ON THE QUESTION OF SENTENCING DISPARITY REDUCTION BY PAROLE BOARDS. THE PAPER SUGGESTS THAT PAROLE BOARDS, WHEN OPERATING UNDER EXPLICIT DECISION GUIDELINES, CONSIDERABLY REDUCE SENTENCING DISPARITY. ANOTHER ARTICLE APPLIES AN ACTUARIAL DEVICE, USED BY THE U.S. PAROLE COMMISSION AS AN AID IN PAROLE SELECTION, TO THREE SEPARATE VALIDATION SAMPLES (EACH EXCEEDING 1,000 CASES). RESULTS INDICATE THAT THE SALIENT FACTOR SCORE DEVELOPED FOR THE COMMISSION DISPLAYS CONSIDERABLE STABILITY OVER THE PERIOD STUDIED IN ITS ABILITY TO ASSIGN CASES TO DISTINCT 'RISK' GROUPS. A 6-YEAR FOLLOW UP STUDY OF THE POSTRELEASE ARREST EXPERIENCES OF FEDERAL PRISONERS IS ALSO PRESENTED, AND A METHOD OF APPLYING THESE RESULTS IN CASE DECISIONMAKING IS ILLUSTRATED. A FINAL ARTICLE ANALYZES THE MOVEMENT FOR GREATER DETERMINACY IN OREGON AND ITS IMPACT ON PAROLE PRACTICE. FOOTNOTES, TABULAR DATA, CHARTS, REFERENCES, NOTES, AND OTHER INFORMATION ACCOMPANY EACH PAPER. (WJR)