NCJ Number
60719
Date Published
1978
Length
105 pages
Annotation
RESULTS OF A STUDY INVESTIGATING THE SENTENCING PATTERNS OF THREE DISTRICT COURT JUDGES INVOLVED EXCLUSIVELY WITH FELONY FINDINGS ARE PRESENTED; AN INITIAL MODEL FOR PROFILING SENTENCING PATTERNS IS EVOLVED.
Abstract
THE PROBLEM WAS TO DETERMINE TO WHAT DEGREE THREE INDIVIDUAL SENTENCING JUDGES OF COLORADO'S 19TH JUDICIAL DISTRICT WERE INFLUENCED BY SELECTED OFFENDER VARIABLES SUCH AS CLASSIFICATION OF THE ORIGINAL CHARGE, ORIGINAL LEGAL CHARGE, NUMBER OF ORIGINALLY CHARGED FELONIES, PAST CRIMINAL HISTORY, PLEADED CHARGE, AGE, SEX, INCOME, ETHNIC BACKGROUND, THE NUMBER OF ADDITIONALLY PLEADED FELONIES, TRIAL OR NONTRIAL, AND THE PROBATION RECOMMENDATION. THE IMPOSED SENTENCE WAS THE DEPENDENT VARIABLE. THE PROJECT IDENTIFIED THE SENTENCING PATTERNS OF THESE JUDGES OVER A 12-MONTH PERIOD BY STATISTICALLY MEASURING THE ASSOCIATION OF THE DEFENDANTS' VARIABLES WITH SENTENCING OUTCOMES, WHICH WERE EITHER PRISON OR ALTERNATIVE SENTENCES. A NUMBER OF CONCLUSIONS WERE DRAWN FROM THE STUDY REGARDING SENTENCING DISPARITY. DISPARITY EXISTED WITHIN EACH OF THE 3 COURTS REVIEWED; DISPARITY AMONG ALL CASES EXAMINED EXISTED IN 35 OF 84. DISPARITY WAS TRACEABLE TO THE DIFFERING INFLUENCES OF VARIABLES UPON JUDGES. IT WAS NOTED THAT DEFENDANTS WITH SIMILAR CRIMES AND PERSONAL CHARACTERISTICS WOULD DOUBLE THEIR CHANCES OF A PROBATION SENTENCES BY MERELY BEING ASSIGNED TO THE THIRD JUDGE'S COURT. FOR ALL JUDGES COMBINED, PERSONAL VARIABLES EXPLAINED 4.5 PERCENT OF VARIANCE. LEGAL CHARACTERISTICS EXPLAINED FROM 9.7 TO 13.0 PERCENT. CRIMINAL HISTORY AND PROBATION RECOMMENDATION WERE MOST SIGNIFICANT. IT IS CONCLUDED THAT SENTENCING PATTERNS MAY BE DETERMINED, SHOULD BE CONSIDERED SUBJECT TO MODIFICATION AND UPDATING, AND WARRANT FURTHER INVESTIGATION REGARDING UNEXPLAINED VARIANCE. TABULAR STATISTICAL DATA, FOOTNOTES, AND A SELECTED BIBLIOGRAPHY ARE INCLUDED IN THE DISSERTATION. (LWM)