NCJ Number
52415
Journal
Judicature Volume: 61 Issue: 8 Dated: (MARCH 1978) Pages: 371-375
Date Published
1978
Length
5 pages
Annotation
A METHOD FOR CALCULATING THE FLAT SENTENCE THAT WILL MINIMIZE THE COSTS OF BOTH RECIDIVISM AND INCARCERATION FOR A GIVEN CRIME IS SET FORTH AND ILLUSTRATED WITH HYPOTHETICAL DATA ON GRAND LARCENY.
Abstract
IN SPECIFYING DETERMINATE SENTENCES, LEGISLATORS GENERALLY EITHER SYNTHESIZE THEIR OWN NORMATIVE REACTIONS TO DIFFERENT CRIMES OR CODIFY THE PREVIOUS AVERAGE SENTENCES FOR THOSE CRIMES. THESE APPROACHES MAY BE RATIONAL ONLY IF IT IS ASSUMED THAT THE EXISTING SYSTEM REFLECTS THE BENEFITS AND COSTS OF ALTERNATIVE SENTENCING. A DIFFERENT APPROACH TO COMPUTING DETERMINATE SENTENCES INVOLVES MINIMIZING THE SUM OF THE RECIDIVISM COSTS ASSOCIATED WITH SHORT SENTENCES AND THE INCARCERATION COSTS ASSOCIATED WITH LONG SENTENCES TO DETERMINE THE OPTIMUM FLAT SENTENCE FOR A GIVEN CRIME. DATA ON LENGTH OF SENTENCE AND SUBSEQUENT RECIDIVISM FOR PERSONS CONVICTED OF A GIVEN CRIME ARE USED TO CALCULATE A WEIGHTED RECIDIVISM SCORE FOR EACH LENGTH OF SENTENCE. THAT SCORE REFLECTS BOTH THE SEVERITY AND RECENCY OF SUBSEQUENT CRIMINAL BEHAVIOR, THE WEIGHTED RECIDIVISM COST SCORES AND INCARCERATION COST SCORES ON THE VERTICAL AXIS AND DURATION OF SENTENCE ON THE HORIZONTAL AXIS. THE GRAPH IS THEN USED TO DETERMINE THE SENTENCE DURATION THAT MINIMIZES BOTH COSTS. HYPOTHETICAL DATA FOR FIVE GRAND LARCENY CASES INDICATE THAT THE OPTIMUM FLAT SENTENCE FOR THAT CRIME IS APPROXIMATELY 3 YEARS. PLANS TO REFINE THE METHOD AND TO TEST IT ON ACTUAL DATA FROM THE U.S. BUREAU OF PRISONS ARE NOTED.