RESEARCH ON CRIMINAL JUSTICE ORGANIZATIONS - THE SENTENCING PROCESS

• NCJ Number: 49916
• Author(s): B COHEN; S H LEINEN
• Date Published: 1976
• Length: 132 pages
• Grant Number(s): 76NI-99-0026
• Sponsoring Agency: US Dept of Justice; US Dept of Justice NIJ Pub
• Corporate Author: Rand Corporation
• Sale Source: Rand Corporation
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America
• Note: ABBREVIATED FORM APPEARS IN CRIMINAL JUSTICE R 8 D - A TASK FORCE REPORT OF THE NATIONAL ADVISORY COMMITTEE ON CRIMINAL JUSTICE STANDARDS AND GOALS

Annotation

THIS STUDY ADDRESSES KEY PROBLEMS AND ISSUES IN CONDUCTING RESEARCH ON CRIMINAL JUSTICE ORGANIZATIONS, WITH DIFFERENT FACETS OF THE SENTENCING PROCESS USED AS ILLUSTRATIVE TOPICS.

Abstract

THE SIGNIFICANCE OF RESEARCH ON THE SENTENCING PROCESS EXTENDS BEYOND THE SENTENCING TOPIC ITSELF. SENTENCING IS ONE OF MANY DECISIONS THAT ARE MADE WITHIN THE CRIMINAL JUSTICE SYSTEM. IT WAS CHOSEN FOR INCLUSION IN THE STUDY BECAUSE COURTS, CORRECTIONAL INSTITUTIONS, DIVERSION PROGRAMS, AND POLICE DEPARTMENTS ARE ALL AFFECTED BY THE NATURE OF SENTENCES. PROBLEMS IN THE CONDUCT OF RESEARCH ON CRIMINAL JUSTICE ORGANIZATIONS PERTAIN TO RESEARCH ACCESS, CHARACTERISTICS OF RESEARCHERS, RESEARCH CONTINUITY, ETHICAL COMMITMENTS, METHODOLOGY CONCEPTS, MEASUREMENT, IMPLEMENTATION, AND THE PUBLICATION OF RESULTS. IT IS SUGGESTED THAT SOME OF THESE PROBLEMS MAY BE MITIGATED IF RESEARCHERS ARE SENSITIZED TO OPERATIONAL CONSTRAINTS OF CRIMINAL JUSTICE AGENCIES STUDIED, IF HOST AGENCIES DEVELOP A MORE SENSITIVE POSTURE TOWARD RESEARCH, AND IF BOTH RESEARCHERS AND HOST AGENCIES TAKE THE OPPORTUNITY AT THE INITIATION OF RESEARCH TO CLARIFY MISCONCEPTIONS AND ESTABLISH RESEARCH GUIDELINES AND REQUIREMENTS. IN ALL DECISIONS RELATED TO SENTENCING, PROSECUTION, AND ARREST, INDIVIDUAL DISCRETION PLAYS AN IMPORTANT ROLE. DISCRETION REFERS TO THE AMOUNT OF FREEDOM A PRACTITIONER (JUDGE, PROSECUTOR, OR POLICE OFFICER) HAS IN MAKING A PARTICULAR DECISION. OTHER KEY ISSUES IN DECISIONMAKING ARE THE PREDICTION OF DANGEROUSNESS, DISPARITY, COROLLARY SYSTEM EFFECTS, THE LOCUS OF DECISIONMAKING, AND ACCOUNTABILITY. THE SELECTION OF A RESEARCH TOPIC SHOULD BE INFLUENCED BY GAPS IN KNOWLEDGE AND THEORY, THE FEASIBILITY OF A RESEARCH EFFORT, AREAS OF AMBIGUITY AND CONFLICTING RESULTS THAT REQUIRE FURTHER CLARIFICATION, AND THE POTENTIAL FOR RESEARCH TO PROMOTE POLICY CHANGE. STEPS IN THE INITIATION AND DESIGN OF RESEARCH AND IN THE DEVELOPMENT OF SYSTEM RESEARCH PERSPECTIVES ARE DETAILED. REFERENCES ARE INCLUDED. (DEP)