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Federal Criminal Sentencing: Some Measurement Issues With Application to Pre-Guideline Sentencing Disparity

NCJ Number
131678
Journal
Journal of Criminal Law and Criminology Volume: 81 Issue: 4 Dated: (Winter 1991) Pages: 1002-1033
Author(s)
W Rhodes
Date Published
1991
Length
32 pages
Annotation
In contrast to regression analysis, which is often used to study sentencing decisions, this two-limit tobit model with heteroscedastic error terms is a statistical model used to analyze sentencing disparity.
Abstract
The model is used to estimate the average sentences imposed on bank robbers and high-level cocaine dealers. While the first analysis focuses on offense characteristics, the offender's background, and particularly on whether there was a plea bargain or court conviction, a more detailed analysis focuses on the potential effect of recently introduced Federal sentencing guidelines in reducing disparities. The results indicate that plea bargaining is statistically significant in its relationship to sentence concessions, but there was only scant evidence that the frequency of guilty pleas was related to the size of these concessions. The author tentatively concludes that preguidelines disparity was probably a major problem in Federal courts, which may be addressed by the new guidelines. 6 tables, 2 figures, 1 appendix, and 54 notes (Author abstract modified)