NCJ Number
46439
Date Published
1977
Length
25 pages
Annotation
THE DISPARITY BETWEEN JUDICIAL AND JURY SENTENCING OF CRIMINAL OFFENDERS IN VIRGINIA WAS STUDIED BY MEANS OF POLLS CONDUCTED BY THE VIRGINIA STATE BAR.
Abstract
VIRGINIA IS ONE OF EIGHT STATES WHICH USES JURIES IN NONCAPITAL FELONY CASES. FOUR QUESTIONNAIRES (NOT INCLUDED) WERE DEVELOPED FOR JUDGES, FORMER JURORS, PROSECUTORS, AND DEFENSE ATTORNEYS TO SEEK THEIR ATTITUDES ON SENTENCING PRACTICES IN VIRGINIA. A MAJORITY FAVORED THE JURY SENTENCING SYSTEM. BOTH THE JUDGES AND FORMER JURORS WERE REQUESTED TO SENTENCE HYPOTHETICAL DEFENDANTS IN SEVEN CASES INVOLVING SUCH CRIMES AS RAPE, SELLING DRUGS, ARMED ROBBERY, AND BURGLARY. HALF OF EACH GROUP OF SUBJECTS RECEIVED MORE OR DIFFERENT INFORMATION ON THE DEFENDANTS INCLUDING FACTORS SUCH AS RACE, ECONOMIC CLASS, PRIOR CRIMINAL HISTORY, AND NARCOTICS ADDICTION. A T-TEST WAS USED TO ANALYZE THE RESULTS AND RESPONSES, AND COMPARATIVE TABULAR DATA IS PRESENTED COMPARING JUDGE VERSUS JURY SENTENCING. FACTORS SUCH AS SOCIOECONOMIC CLASS AND NARCOTICS ADDICTION OF THE DEFENDANT MADE A DIFFERENCE IN ASSIGNED SENTENCES. DRUG ADDICTION APPEARED TO CORRELATE WITH LONGER SENTENCES. ACTUAL SENTENCING DATA FOR INMATES COMMITTED BETWEEN 1973-1976 IS ALSO PRESENTED. VARIOUS PHILOSOPHICAL ARGUMENTS FOR JUDGE VERSUS JURY SENTENCING ARE DISCUSSED, ALONG WITH ALTERNATIVES. THE SENTENCING SUBCOMMITTEE WAS UNABLE TO AGREE ON ANY ONE PROPOSAL, BUT DID DISCUSS THE RECIDIVIST PROCEEDING IN VIRGINIA. RECOMMENDATIONS ARE MADE. CHARTS AND REFERENCES ARE PROVIDED. (DJM)