NCJ Number
55663
Date Published
1979
Length
71 pages
Annotation
A GENERAL ACCOUNTING OFFICE ANALYSIS OF DISPARITIES IN THE SENTENCING AND PROSECUTION OF OFFENDERS IN FEDERAL COURTS IS REPORTED.
Abstract
THE REPORT IS BASED ON A REVIEW OF DECISIONAL PROCESSES IN 5 OF THE 95 U.S. DISTRICT COURTS. THE COURTS REVIEWED ACCOUNTED FOR 14 PERCENT OF THE 41,468 DEFENDANTS CONVICTED AND SENTENCED IN FEDERAL COURTS DURING THE 12-MONTH PERIOD ENDING JUNE 30, 1977. IT WAS FOUND THAT THE TYPE OF TREATMENT A PERSON ACCUSED OF A CRIME RECEIVES FROM THE TIME OF ARREST AND PROSECUTION THROUGH COURT PROCEEDINGS AND PAROLE MAY BE SUBSTANTIALLY DIFFERENT FROM THE TREATMENT ACCORDED OTHER PERSONS ACCUSED OF THE SAME CRIME UNDER SIMILAR CONDITIONS. THE DISPARITY IS MOST OBVIOUS IN THE PROSECUTION AND SENTENCING OF DEFENDANTS WITH SIMILAR BACKGROUNDS, ACCUSED OF SIMILAR OFFENSES. THE MAIN REASON FOR DISPARITIES IS THE LIMITED INFORMATION GUIDANCE, AND CRITERIA AVAILABLE TO DISCRETIONARY DECISIONMAKERS. GUIDANCE IS LACKING AT ALL STAGES OF THE SYSTEM--THE DECISION WHETHER TO PROSECUTE, PLEA-BARGAINING DECISIONS, THE DECISION WHETHER TO INCARCERATE, AND DECISIONS REGARDING SEVERITY OF SENTENCE AND PAROLE ELIGIBILITY. ONE FACTOR INHIBITING SOLUTION OF THE DISPARITY PROBLEM IS THE LACK OF DATA-REPORTING PROCEDURES AND MECHANISMS. A FEDERAL SENTENCING COMMISSION, SUCH AS THAT PROPOSED IN LEGISLATION BEFORE THE 95TH CONGRESS COULD SERVE AS THE FOCAL POINT FOR THE COLLECTION AND ASSESSMENT OF DATA PERTAINING TO THE DISPARITY PROBLEM. SPECIFIC RECOMMENDATIONS FOR A COMPREHENSIVE DATA COLLECTION AND ANALYSIS EFFORT AND FOR ACTIONS TO GUIDE OFFICIAL DISCRETION ARE DIRECTED TO THE JUDICIARY AND TO THE U.S. ATTORNEY GENERAL. APPENDED MATERIALS INCLUDE SUPPORTING DATA AND DOCUMENTATION, AND A SELECTED BIBLIOGRAPHY OF SENTENCING DISPARITY STUDIES. (LKM)