SENTENCES AND OTHER SANCTIONS IN THE CRIMINAL COURTS OF BALTIMORE, CHICAGO, AND DETROIT

• NCJ Number: 32589
• Journal: POLICE SCIENCE QUARTERLY Volume: 90 Issue: 4 Dated: (WINTER 1975-76) Pages: 617-635
• Author(s): H JACOB; J EISENSTEIN
• Date Published: 1976
• Length: 19 pages
• Corporate Author: Acad of Political Science
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

DESCRIPTION OF SANCTION DISTRIBUTION BASED ON INFORMATION ON FELONY CHARGES BROUGHT AGAINST APPROXIMATELY 1500 DEFENDANTS IN EACH CITY FROM COURT AND PROSECUTOR FILES AS WELL AS OBSERVATIONS OF COURTROOM PROCEEDINGS.

Abstract

THE STUDY INDICATED THAT DEFENDANTS ARE SANCTIONED WHETHER THEY ARE FORMALLY CONVICTED OR NOT, AND THAT THE SANCTIONS EXPERIENCED BY THE NON-CONVICTED DESERVE FURTHER STUDY BY SCHOLARS BECAUSE NONCONVICTION IS THE MOST LIKELY OUTCOME FOR A FELONY DEFENDANT. SANCTIONS INCLUDE LOSS OF REPUTATION DUE TO ARREST, PRETRIAL DETENTION, ECONOMIC COSTS, AND PSYCHIC COSTS OF THE POSSIBILITY OF LONG PRISON TERMS HANGING OVER ONE'S FUTURE. SANCTIONS INCLUDE LOSS OF REPUTATION DUE TO ARREST, PRETRIAL DETENTION, ECONOMIC COSTS, AND PSYCHIC COSTS OF THE POSSIBILITY OF LONG PRISON TERMS HANGING OVER ONE'S FUTURE. THE STUDY ALSO CONCLUDED THAT IT IS NOT EASY TO EXPLAIN SUCH IMPORTANT OUTCOMES AS WHETHER A DEFENDANT IS CONVICTED OR NOT, WHETHER HE IS IMPRISONED IF CONVICTED, AND WHAT HIS SENTENCE LENGTH WILL BE. FURTHERMORE, THE VARIABLES THAT PRIOR RESEARCH SUGGESTED OUGHT TO BE MOST USEFUL IN ACCOUNTING FOR VARIANCE WERE NOT, VERY POWERFUL. KNOWING WHO THE JUDGE IS DOES NOT ALLOW ONE TO PREDICT SENTENCE LENGTH WITH ANY ACCURACY. NOR DOES DISPOSITION MODE (PLEA, JURY TRIAL, OR BENCH TRIAL) HAVE THE EXPECTED EFFECT ON WHETHER A CONVICTED DEFENDANT GOES TO PRISON - AND IF SO, FOR HOW LONG - THAT THE LITERATURE ON PLEA BARGAINING HAS STATED. SIMILAR STATEMENTS CAN BE MADE REGARDING THE TYPE OF DEFENSE COUNSEL AND THE DEFENDANT'S CHARACTERISTICS. FOR INSTANCE, BEING FREE ON BAIL WHEN CONVICTED AND BEING WHITE EXERCISE ONLY SLIGHT INDEPENDENT INFLUENCE ON THE LENGTH OF THE SENTENCE. THE STUDY ALSO FOUND THAT ORIGINAL CHARGE HAS THE GREATEST IMPACT ON THE LENGTH OF THE SENTENCE; IT IS FIXED AT THE BEGINNING OF THE FELONY DISPOSITION PROCESS AND SERVES AS A GIVEN FOR ALL SUBSEQUENT DECISIONS. (AUTHOR ABSTRACT)