Sentencing Versus Prosecutorial Discretion - The Application of a New Disparity Measure

• NCJ Number: 78945
• Journal: Journal of Research in Crime and Delinquency Volume: 18 Issue: 2 Dated: (July 1981) Pages: 254-271
• Author(s): D M Barry; A Greer
• Date Published: 1981
• Length: 18 pages
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

The use of a recently developed quantitative technique for measuring the disparity of sanctions was demonstrated through an analysis of the prosecutorial and sentencing decisions governing the dispositions of 2,234 convicted felons in a single jurisdiction.

Abstract

The technique was based on a classification of scheme for offenders, a numerical severity-of-punishment scale, a probablistic model describing offenders' passage through various decision points in the criminal justice system, and an algebraic procedure for combining all the numerical information contained in the processing model. The study subjects were randomly selected from those persons convicted of felonies in the State during 1977-78. Each case was described in terms of the offense or conviction, the sentence, the occurrence of plea bargaining, the original charge, the prior record of felony and misdemeanor convictions, and violations of probation or parole. The data were used to estimate the amount of variability in sanction severity attributable to the legitimate factors of offense seriousness and prior record, sentencing discretion, and prosecutorial discretion. About half of the total variability in sanctions was attributable to offense seriousness and prior record. Using the assumption that all of the remaining variation could be attributed to sentencing and plea bargaining discretion, the analysis revealed that sentencing decisions accounted for a much greater proportion of variability than did plea bargaining decisions. The limitations of the method used indicate the importance of interpreting measurements produced by this technique strictly within the context of the classification scheme chosen. Findings also indicate the presence of plea bargaining for aggravated robbery and second degree murder cases in that prosecutorial discretion was most pronounced for these two types of offenses. Further research using this study's method is recommended. Tables, footnotes, and 23 references are provided. (Author abstract modified)