TOWARDS SENTENCING UNIFORMITY - INTEGRATING THE NORMATIVE AND THE EMPIRICAL ORIENTATION (FROM NEW DIRECTIONS IN SENTENCING, P 117-154, 1980, BY BRIAN A GROSMAN - SEE NCJ-71049)

• NCJ Number: 69402
• Author(s): A R VINING; C DEAN
• Date Published: 1980
• Length: 38 pages
• Sale Source: Butterworth
• Language: English
• Country: Canada

Annotation

A REPRESENTATIVE SAMPLE OF OFFENSES HANDLED BY THE BRITISH COLUMBIA COURT OF APPEAL IS ANALYZED TO DEMONSTRATE THE FEASIBILITY OF EMPIRICALLY DERIVING FACTORS USED BY JUDGES IN SENTENCING DECISIONS.

Abstract

A STATISTICAL ANALYSIS WAS CONDUCTED OF 103 ROBBERY CASES, 76 BREAKING AND ENTERING CASES, AND 40 FRAUD AND FORGERY CASES ON SENTENCE APPEAL BETWEEN JANUARY 1974 AND JUNE 1978. FACTORS MENTIONED BY THE BRITISH COLUMBIA COURT OF APPEAL AS AFFECTING SENTENCING OUTCOME WERE CATEGORIZED AND ANALYZED FOR EACH TYPE OF CASE UNDER THE FOLLOWING FOUR HEADINGS: FACTORS RELATING TO THE OFFENSE, FACTORS RELATING TO THE OFFENDER BEFORE THE OFFENSE, FACTORS RELATING TO THE OFFENDER AFTER THE OFFENSE, AND FACTORS RELATING TO BROAD SOCIETAL GOALS. UNDER FACTORS RELATING TO THE OFFENSE, THE DEGREE OF SOPHISTICATION, THE VULNERABILITY OF THE VICTIM, THE DEGREE VIOLENCE, THE 'SIZE OF THE TAKE,' THE USE OF A WEAPON, AND THE DEGREE OF SUCCESS ARE DESCRIBED AS IMPORTANT CONSIDERATIONS FOR CRIMES UNDER ALL THREE CATEGORIES. FACTORS THAT WERE IMPORTANT IN ALTERING SENTENCES FOR ROBBERIES ARE FOUND TO VARY BETWEEN ROBBERIES OF BUSINESSES AND ROBBERIES AGAINST PERSONS. FACTORS RELATING TO THE OFFENDER BEFORE THE OFFENSE THAT INFLUENCED SENTENCING INCLUDE AGE, SEX, THE EXISTENCE OF A PRIOR RECORD, RESPONSES TO PREVIOUS LENIENCY, THE IDENTIFICATION OF THE OFFENDER AS A PROFESSIONAL CRIMINAL, AND THE HISTORY AND MENTAL AND PHYSICAL CONDITION OF THE OFFENDER (INCLUDING ADDICTION TO DRUGS OR ALCOHOL). FACTORS RELATING TO THE OFFENDER SUBSEQUENT TO THE OFFENSE INCLUDE EFFORTS TOWARD REHABILITATION, EMPLOYMENT AND EDUCATIONAL POSSIBILITIES UPON RELEASE, EVIDENCE INDICATING THE ASSUMPTION OF RESPONSIBILITY (SUCH AS MARITAL STATUS AND SUPPORT OF DEPENDENTS), ATTITUDE IN COURT, RESPECT FOR THE LAW, REMORSE, COOPERATION WITH THE POLICE, A GUILTY PLEA, AND INABILITY TO COPE WITH PRISON LIFE. FACTORS RELATING TO BROAD SOCIETAL GOALS THAT WERE CONSISTENTLY MENTIONED BY THE COURT IN RELATION TO SENTENCING ARE PROTECTION OF THE PUBLIC, DETERRENCE (BOTH GENERAL AND SPECIFIC), REHABILITATION, AND PUNISHMENT. OVERALL, EXTENSIVE ANALYSIS OF APPELLATE SENTENCING DECISIONS IN ALL CANADIAN PROVINCES WILL ENCOURAGE THE DEVELOPMENT OF SOUND SENTENCING PRINCIPLES THAT WILL PROMOTE MORE UNIFORM CASE DISPOSITIONS AND HELP EMPIRICAL RESEARCHERS TO IDENTIFY AND MEASURE SENTENCING VARIABLES. TABLES AND 182 NOTES ARE PROVIDED.