NCJ Number
147730
Date Published
1977
Length
42 pages
Annotation
The authors developed a measure of sentencing disparity and use it to assess the magnitude of sentence disparity in two Federal district courts (Chicago and Brooklyn).
Abstract
In order to measure sentence disparity caused by differences among judges, all other factors that may affect the sentence must be controlled. This can be achieved through three approaches: random assignment, comparison of groups of cases, and identical cases. The latter approach offers the best opportunity for measuring disparity, and the sentencing council provides the optimal arrangement of this approach. This study measures the degree of existing disparity in both courts, discusses the ability of each council to reduce disparity, and evaluates the effects of the organizational structure of the two councils. The findings show that both councils were able to reduce about 10 percent of the sentence disparity in the cases it heard. The reduction occurred within the time interval between discussion in the council and the imposition of sentence. One suggested way of reducing disparity would be to require sentencing judges to adopt the median of the recommended sentences. 28 tables and 65 notes