NCJ Number
143394
Date Published
1978
Length
107 pages
Annotation
The National Institute of Law Enforcement and Criminal Justice sponsored a sentencing guidelines research project that originated from the development of operating guidelines for the U.S. Parole Commission. The two-dimensional model, which related seriousness of the instant offense and probability of recidivism to an expected time to be served before release on parole, was applied to sentencing decision- making.
Abstract
Researchers selected four court sites to participate in the study, collected information on 400 randomly selected sentencing decisions, analyzed that information for offense and offender characteristics, and designed five preliminary guideline models. The research team then tested the models against a sample of cases currently coming before the judiciary. By the end of the feasibility phase, all six participating criminal court judges received a guideline sentence several days after sentencing. Also, in turn, they provided the research team with feedback on differences between the actual and model sentences. Findings from the feasibility study showed that judicial discretion can and should be structured according to sentencing guidelines. In order to enhance sentencing equity and reduce disparity, an operational guideline system should have several by-products. These by-products should also include easier attainability for standards and goals set by a national advisory commission, a judicial training device, and reduction in court delay and backlog. In addition, there should improved pre-sentence investigations, greater quality control of sentencing policy, an improved appellate court review process, and better relations among components of the criminal justice system. The report contains 18 tables, 1 figure, 56 notes, and 8 appendixes