NCJ Number
9379
Date Published
1972
Length
39 pages
Annotation
SENTENCING DATA FROM THE 93 FEDERAL DISTRICT COURTS FOR THE YEARS 1967-1970 ON THE EXTENT OF VARIATION AND ITS RELATIONSHIP TO CERTAIN DEFENDANT CHARACTERISTICS.
Abstract
THE STUDY FOUND THAT VARIATIONS IN THE TYPE OF SENTENCE (PRISON OR PROBATION) AND THE LENGTH OF SENTENCE ARE SUBSTANTIAL AMONG DISTRICTS. OF THE DEFENDANT CHARACTERISTICS, PRIOR RECORD WAS FOUND TO HAVE THE GREATEST EFFECT ON THE VARIATIONS IN SENTENCING. WHEN THE EFFECT OF PRIOR RECORD WAS STUDIED, ANALYSIS FOUND SUBSTANTIAL CONSISTENCY WITHIN CIRCUITS FOR ALL CRIMES ANALYZED. THE STUDY ALSO REVEALED THAT, FOR THE FEDERAL CRIMES STUDIED NATIONWIDE, REGARDLESS OF CIRCUIT, DEFENDANTS WITH CERTAIN BACKGROUND CHARACTERISTICS WERE MORE LIKELY TO RECEIVE PRISON SENTENCES THAN OTHERS. MEN RECEIVED PRISON SENTENCES MORE OFTEN THAN WOMEN, THOSE OVER 35 YEARS OF AGE MORE OFTEN THAN THOSE BETWEEN 21 AND 35, BLACK DEFENDANTS MORE OFTEN WHITE, AND FINALLY, DEFENDANTS WITH APPOINTED COUNSEL RECEIVED MORE PRISON SENTENCES THAN DEFENDANTS WITH PRIVATE COUNSEL.