NCJ Number
87677
Date Published
1981
Length
159 pages
Annotation
This study presents an overview of sentencing practices for serious offenses in the Netherlands, based on a judges' survey and statistical analysis of criminal case files for the years 1973-1976.
Abstract
A total of 1,527 offender records were examined for offense characteristics and the respective sentences passed, as well as for the type of sentencing procedure followed. In addition, judges were surveyed regarding the kinds of considerations they make in arriving at sentencing decisions and factors that have an aggravating or a mitigating influence. Three jurisdictions were compared, and the statistical analysis indicated sentencing disparity among them as well as, to a lesser degree, among the study years. Both records and survey analysis identified generally similar offense characteristics as influential in determining penalty severity (i.e., amount of loss in burglaries, extortion; type of weapon in armed robbery and assault; extent of injury in violent assault; etc.). Since statistically identified similar offenses received varying degrees of penalty severity, some method of guidelines appears needed to achieve more uniform sentencing practice. Charts, tables, and notes are provided. Approximately 55 references are given. Appendixes contain the study instruments and additional data.