NCJ Number
37169
Date Published
1976
Length
454 pages
Annotation
THIS STUDY EXAMINED SENTENCING COUNCILS IN TERMS OF THEIR UTILITY AS A TECHNIQUE FOR CONTROLLING THE DISCRETION WHICH IS AVAILABLE AT SENTENCING BY HAVING 72 LAW SCHOOL STUDENTS PARTICIPATE IN 24 SIMULATED SENTENCING COUNCILS.
Abstract
THE SENTENCING COUNCIL PROCESS WAS FOUND TO PROMOTE CHANGES IN THE SENTENCING DECISIONS OF THE PARTICIPANTS. THE DIRECTION OF THE DECISION CHANGES WAS HIGHLY CASE-SPECIFIC ALTHOUGH THERE WAS AN OVERALL REDUCTION IN THE SEVERITY OF THE SENTENCES FROM THE INITIAL PRE-COUNCIL DECISION TO THE FINAL POST-COUNCIL DECISION. OF CHANGES IN SENTENCE TYPE OVER THREE QUARTERS WERE CHANGES FROM INITIAL PRISON SENTENCES TO FINAL PROBATION SENTENCES. THERE WAS ALSO A SIGNIFICANT REDUCTION IN THE WITHIN-PANEL SENTENCE VARIABILITY FROM THE INITIAL TO THE FINAL SENTENCE. WHEN GROUP DECISIONS WERE MADE, AS OPPOSED TO THE USUAL DISCUSSION-ONLY COUNCIL PROCEDURE, THE FINAL SENTENCES TENDED TO BE BOTH LESS SEVERE AND LESS VARIABLE AND THE DIFFERENCES WERE SIGNIFICANT. (AUTHOR ABSTRACT)