PAROLE GUIDELINES AND THE REDUCTION OF SENTENCING DISPARITY - A PRELIMINARY STUDY

• NCJ Number: 61518
• Journal: Journal of Research in Crime and Delinquency Volume: 16 Issue: 2 Dated: (JULY 1979) Pages: 218-231
• Author(s): M R GOTTFREDSON
• Date Published: 1979
• Length: 14 pages
• Corporate Author: National Council on Crime and Delinquency
• Sale Source: UMI Dissertation Services; Institute for Scientific Information
• Language: English
• Country: United States of America

Annotation

STUDY FINDINGS SUGGEST THAT WHEN THE TASK OF REDUCING SENTENCE DISPARITY IS MADE A CENTRAL CORRECTIONAL OBJECTIVE, PAROLE BOARDS MAY PLAY A MAJOR ROLE IN THE FAIRNESS OF THE CRIMINAL JUSTICE PROCESS.

Abstract

THIS REPORT EXAMINED WHETHER PAROLE BOARDS, OPERATING UNDER EXPLICIT DECISION GUIDELINES, ACHIEVED A SUBSTANTIAL SENTENCE EQUALIZATION FUNCTION. DATA ON SENTENCE LENGTH AND TIME SERVED (PRESUMPTIVE RELEASE DATE) WERE OBTAINED FOR 4,471 ADULT CASES APPEARING BEFORE THE FEDERAL PAROLE COMMISSION FOR THE INITIAL SETTING OF RELEASE DATES BETWEEN OCTOBER 1977 AND MAY 1978. ONLY THE MOST FREQUENTLY OCCURRING OFFENSES (INVOLVED IN AT LEAST 50 CASES DURING THE PERIOD STUDIED) WERE ANALYZED. THE CONCEPT OF 'EQUAL TREATMENT' WAS DEFINED AS EQUAL MAXIMUM SENTENCE LENGTHS FOR THE JUDICIAL DECISION AND AS EQUAL TIME SERVED (AS MEASURED BY PRESUMPTIVE RELEASE DATES) FOR THE PAROLE COMMISSION DECISION. 'EQUALLY SITUATED DEFENDERS' WAS DEFINED AS PERSONS WITH SIMILAR OFFENSE SEVERITY RATINGS DEFINED BY THE CONSENSUAL RANKINGS OF THE PAROLE COMMISSION AND SIMILAR PRIOR RECORDS AS MEASURED BY SALIENT FACTOR SCORE CATEGORIES (A MEASURE OF THE FREQUENCY AND SERIOUSNESS OF PAST CRIMINAL CONDUCT). THE MOST STRIKING RESULT WAS THAT FOR EVERY CATEGORY OF EQUALLY SITUATED OFFENDERS, THE COEFFICIENT OF VARIATION WAS MARKEDLY SMALLER FOR THE DECISIONS AS TO TIME SERVED THAN FOR THE DECISIONS REGARDING SENTENCE LENGTH. PAROLE COMMISSION DECISIONS, THEREFORE, WERE LESS DISPARATE THAN JUDICIAL DECISIONS, REGARDLESS OF THE PRIOR RECORD OR OFFENSE SEVERITY OF THE CATEGORY EXAMINED. FURTHER RESEARCH IS NEEDED, HOWEVER, TO CONFIRM WHETHER GUIDELINES NOW IN USE BY THE PAROLE COMMISSION ARE RESPONSIBLE FOR THE DISPARITY REDUCTION REVEALED IN THE DATA. THE FINDINGS ALSO SUGGEST THAT SYSTEMS WITH CONCRETE GUIDELINES FOR REDUCING INEQUITIES MAY HAVE ADVANTAGES OVER OTHER PROPOSED SYSTEMS THAT PLACE THE AUTHORITY FOR SENTENCE REVIEW WITH THE JUDICIARY. FOOTNOTES, TWO STATISTICAL TABLES, AND REFERENCES ARE INCLUDED. (AUTHOR ABSTRACT MODIFIED--AOP)