NCJ Number
91988
Journal
Florida State University Law Review Volume: 11 Issue: 1 Dated: (Spring 1983) Pages: 125-151
Date Published
1983
Length
27 pages
Annotation
An analysis of the 2,847 sentences imposed in 4 court districts between April 1981 and April 1982 under Florida's experimental sentencing guidelines showed that 81.1 percent fell within the recommended guideline range.
Abstract
In 1979, the Florida Office of the State Courts Administrator initiated a project to design and test sentencing guidelines in four diverse judicial circuits -- the 4th, 10th, 14th, and 15th. It initially analyzed 15,613 felony cases disposed of between 1976 and 1979 to develop a model identifying offense and offender characteristics that historically influenced the sentencing decision. After extensive review and evaluation of geographical disparities, the advisory board decided that four variables should be included in all six offense categories: number of counts of primary offense, prior juvenile felony convictions, legal status at the time of the offense, and role of the offender. Other factors considered in some categories included type of weapon, extent of victim injury, victim precipitation, and employment status. The project developed a set of six distinct guidelines where points were assigned to each of the variables and a total score calculated. The score was then used to enter a one-dimensional matrix with score ranges correlated to sentences. A median sentence was recommended and accompanied by a minimum and maximum range which could be imposed at the court's discretion. Judges had to justify departure from the guidelines by a written explanation. These guidelines were not subjected to formal review when implemented in 1981, but all scoresheets and explanations for departures were forwarded to the Courts Administrator's Office for analysis. The project anticipated that 15 to 20 percent of the decisions would fall outside the guidelines. The advisory board periodically reviewed the implementation process and modified the sentencing guidelines scoresheet. Largely based on this experiment, the 1983 legislature created a Sentencing Guidelines Commission to develop and implement a statewide system. Tables, the guidelines and scoresheet, and 43 reference notes are supplied.