THE PROBLEMS CAUSED BY SENTENCING DISPARITY ARE REVIEWED IN THIS ARTICLE, AND A METHOD OF MEASURING DISPARITY IS DEVELOPED AND TESTED.
THE ARTICLE FIRST REVIEWS THE PROBLEMS CREATED BY SENTENCING DISPARITY AND RECOUNTS EARLIER EFFORTS TO STUDY THE PHENOMENON. IT THEN DEVELOPS A MEASURE OF DISPARITY AND USES IT TO ASSESS THE MAGNITUDE OF THE PROBLEM IN TWO FEDERAL DISTRICT COURTS: THE NORTHERN DISTRICT OF ILLINOIS (CHICAGO) AND THE EASTERN DISTRICT OF NEW YORK (BROOKLYN). FINALLY IT DESCRIBES THE OPERATION OF THE SENTENCING COUNCILS IN THESE TWO COURTS AND TRIES TO ASSESS THEIR ABILITY TO REDUCE DISPARITY. (AUTHOR ABSTRACT MODIFIED)...EB