NCJ Number
52551
Date Published
1978
Length
16 pages
Annotation
FOLLOWING A DISCUSSION OF THE PROBLEMS SURROUNDING SENTENCING REFORM, THIS PAPER DESCRIBES A PILOT PROJECT TO ESTABLISH SENTENCING GUIDELINES. THE PROJECT WAS CONDUCTED IN THE PHILADELPHIA COURT OF COMMON PLEAS.
Abstract
THE FIRST PORTION OF THIS PAPER DISCUSSES THE FOUR MAJOR SENTENCING REFORM PROPOSALS NOW RECEIVING A GREAT DEAL OF ATTENTION -- MANDATORY SENTENCES, MINIMUM SENTENCES, FLAT-TIME SENTENCES, AND PRESUMPTIVE SENTENCES. SENTENCING GUIDELINES OFFER A COMPROMISE SOLUTION WHICH INCORPORATES THE BEST OF THESE PROPOSALS, BUT AVOIDS THEIR PITFALLS. THE SECOND PORTION OF THE PAPER POINTS OUT THAT WORK DONE BY THE CRIMINAL JUSTICE RESEARCH CENTER AT THE STATE UNIVERSITY OF NEW YORK AT ALBANY HAS PROVIDED THE BASIS FOR FEDERAL EFFORTS TO ESTABLISH SENTENCING GUIDELINES. AN EXAMPLE OF THIS WORK -- THE SENTENCING GUIDELINES PROJECT OF THE PHILADELPHIA COURT OF COMMON PLEAS -- IS THEN DESCRIBED IN DETAIL. THIS PROJECT USED 9,464 CASE DISPOSITIONS TO CONSTRUCT DECISION MATRICES. A TABLE GIVES A CONDENSED VERSION OF THE RESULTS OF THIS MULTIVARIATE ANALYSIS. THIS ANALYSIS WAS USED TO DEVELOP OFFENDER SCORES AND OFFENSE SCORES BASED ON OFFENDER CHARACTERISTICS AND SERIOUSNESS OF CHARGE. THE POINT ON THE GRID AT WHICH THE SCORES INTERSECT CONTAINS A GUIDELINE SENTENCE. THE STUDY METHODOLOGY IS DESCRIBED, AND TABLES BRIEFLY PRESENT STUDY RESULTS. IT IS CONCLUDED THAT THE JUDGES IN THE PHILADELPHIA COURT SYSTEM HAVE BEEN GIVEN A MEANS TO STRUCTURE DISCRETION AND CURB DISPARITY WHILE STILL MAINTAINING THE FLEXIBILITY NECESSARY FOR INDIVIDUALIZED AND EQUITABLE SENTENCING. IT IS POINTED OUT THAT SIMILAR GUIDELINES ARE IN OPERATION IN SEVERAL OTHER CITIES. NOTES AND REFERENCES ARE INCLUDED. (GLR)