NCJ Number
48047
Journal
Journal of Legal Studies Volume: 6 Issue: 2 Dated: (JUNE 1977) Pages: 333-353
Date Published
1977
Length
21 pages
Annotation
TO EXAMINE THE RELATIVE IMPACT ON SENTENCING OF LEGAL, ORGANIZATIONAL, AND EXTRALEGAL VARIABLES, AN ANALYSIS OF FOUR TYPES OF FELONY CASES IN THE HENNEPIN AND RAMSEY COUNTY, MINNESOTA, DISTRICT COURTS WAS PERFORMED.
Abstract
LEGAL FACTORS ANALYZED INCLUDED CRIME COMMITTED, PAST CRIMINAL RECORD, AND MITIGATING CIRCUMSTANCES. ORGANIZATIONAL FACTORS WHICH AFFECT SENTENCING DECISIONS INCLUDE PLEA BARGAINING, PERSONAL ATTITUDES OF JUDGES, LEGAL REPRESENTATION, AND PRETRIAL STATUS. EXTRALEGAL FACTORS SUCH AS RACE, SEX, AGE, AND SOCIOECONOMIC STATUS (SES) MAY ALSO AFFECT SENTENCING. SENTENCING WAS COMPARED IN THE TWO COUNTIES FOR NARCOTICS POSSESSION, BURGLARY/UNLAWFUL ENTRY, LARCENY, AND FORGERY. CASES INCLUDED ALL THOSE IN THE FOUR CATEGORIES WHICH WERE CLOSED DURING 1970. SINCE DEFENDANT INFORMATION ON PAST CRIMINAL RECORD, MITIGATING CIRCUMSTANCES, LEGAL REPRESENTATION, AND SES WERE UNAVAILABLE, THESE WERE NOT INCLUDED IN THE STATISTICAL ANALYSES. RESULTS INDICATE A NUMBER OF DIFFERENCES BETWEEN THE TWO COUNTIES. WHEN THE CRIME CHARGED IS HELD CONSTANT, THE RAMSEY COUNTY COURT IS MORE LIKELY TO GIVE A PRISON SENTENCE THAN THE HENNEPIN COUNTY COURT. THE PROPORTION OF CASES SETTLED BY GUILTY PLEA IS GREATER IN HENNEPIN COUNTY (WITH THE EXCEPTION OF POSSESSION, IN WHICH THE PROPORTIONS ARE ALMOST EQUAL). THE HENNEPIN COUNTY COURT ALSO RELIES MORE HEAVILY ON AN INITIAL PLEA OF GUILTY, WHILE IN RAMSEY COUNTY A GUILTY PLEA IS MUCH MORE LIKELY TO OCCUR AFTER ARRAIGNMENT. THIS IMPLIES THAT THE HENNEPIN COUNTY COURT IS MORE LIKELY TO GRANT A REDUCED SENTENCE FOR A GUILTY PLEA, AND DEFENDANTS CONSEQUENTLY REACT BY PLEADING GUILTY MORE FREQUENTLY. HENNEPIN COUNTY COURTS GIVE GREATER BARGAINING CONCESSIONS IN LARCENY AND BURGLARY CASES AND CONSEQUENTLY HAVE MORE PLEAS IN SUCH CASES THAN RAMSEY COUNTY. PLEA CONCESSIONS FOR NARCOTICS POSSESSION ARE MORE PRONOUNCED IN RAMSEY COUNTY, AND GUILTY PLEAS IN SUCH CASES ARE MORE LIKELY. THESE FINDINGS CLEARLY SUGGEST A DIFFERING USE OF SENTENCING FOR CASELOAD MANAGEMENT. AN EXPLANATION FOR THIS DIFFERENCE CAN BE SEEN IN THE CASELOADS OF THE PROSECUTORS IN THE TWO COUNTIES: HENNEPIN COUNTY PROSECUTORS HAVE SIGNIFICANTLY HEAVIER CASELOADS AND ARE MORE LIKELY TO EXTEND SENTENCING CONCESSIONS IN EXCHANGE FOR GUILTY PLEAS. MALE SEX AND MINORITY GROUP MEMBERSHIP WERE BOTH ASSOCIATED WITH A GREATER LIKELIHOOD OF PRISON SENTENCING. FINALLY, THERE IS NO EVIDENCE THAT DIFFERENTIAL SENTENCING IS A CONSEQUENCE OF THE DIFFERENCE IN JUDGES WITHIN THE COURT SYSTEM. NOTES ARE INCLUDED. (JAP)