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Influence of Sentencing Goals on Judicial Decision-Making

NCJ Number
93938
Author(s)
M M Hale
Date Published
1984
Length
129 pages
Annotation
Although judges may individually have well-defined philosophies regarding sanctioning, their sentencing behavior reflects their perceptions of the priorities accorded each goal by the correctional system.
Abstract
Therefore, a well-articulated, systemwide theory of sanctions might reduce the sentencing disparity which appears to be associated with differing perceptions of the correctional system. Study data came from nine circuit or district court judges from a large eastern city. They ranked deterrence, incapacitation, punishment, and rehabilitation according to their perceived relative importance in the State correctional system and according to their personal beliefs regarding what these priorities should be. Differences in their sentencing decisions were assessed with respect to the sentence length imposed on 235 convicted offenders. Offense seriousness, prior adult record, marital status, drug use, and age explained about 21 percent of the variance in sentence length. Another 15 percent of the variance resulted from the identity of the sentencing judge. Unexpectedly, the judge's personal goal structure explained only from .2 to 2 percent of the variance in sentence length. In contrast, the judges' perceptions of the goal structure in the correctional system explained from 1.7 to 7.2 percent of the variance in sentence length. Figures, appendixes presenting data tables, and 133 references are included.