NCJ Number
87050
Date Published
1982
Length
127 pages
Annotation
This report describes the development of Florida's Multijurisdictional Sentencing Guidelines Project as well as the results of project evaluation.
Abstract
To provide the advisory board with a general description of the historic sentencing practices operating within the four participating circuits, a sample of felony cases adjudicated over a 3-year period (July 1, 1976-June 30, 1979) was taken. A 3-year period for the sample was selected to ensure that the sentencing practices of the maximum number of trial judges could be included in mapping the sentencing procedures in the four circuits. To determine what statutes should be considered for inclusion in the guidelines, a survey of all felony offenses adjudicated in the four circuits during the sample period was taken. Sixty-five statutes were classified into six offense categories. A total of 220 information variables was collected for each of the 5,100 felony cases sampled. The case information was analyzed to develop a model of past sentencing practices which would identify those offense and offender characteristics which have historically exerted the greatest influence on the sentencing decision and the relative weight of importance to these variables. Under the guidelines for each of the six offense categories, points are assigned for various offense and offender-related characteristics and a total score calculated. This score is then used to enter a one-dimensional matrix with score ranges correlated to sentences. A median sentence figure is recommended, accompanied by a minimum and maximum range which may be imposed at the discretion of the court. Departures from the guidelines must be accompanied by a written explanation. The project has been considered a success in that it demonstrates the feasibility of developing and implementing sentencing guidelines in a multijurisdictional setting. Further, the project demonstrated the technical expertise required to unite a statistical representation of past sentencing practices with the normative decisions of a sentencing commission. The sentencing guidelines are appended.