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Taking the Law Into Our Own Hands: Structured Sentencing, Fear of Victims, and Citizen Initiatives in Washington State

NCJ Number
180123
Journal
Law & Policy Volume: 20 Issue: 3 Dated: July 1998 Pages: 333-356
Author(s)
John C. Steiger
Editor(s)
Keith Hawkins, Murray Levine
Date Published
1998
Length
24 pages
Annotation
This paper examines the impact of citizen initiatives on Washington State's system of structured sentencing.
Abstract
Criminal justice sentencing guidelines were implemented in Washington's juvenile court system in 1978 and in its adult felony courts in 1984. In the 20 years since, both systems have experienced significant changes, many of which impact judicial and administrative discretion. Early modifications to the guidelines were driven by legislative and administrative concerns (budgeting, prison population management). More recent changes have been driven by citizen initiatives fostered as a response to public fear of crime and violence. Increasingly, the public has rejected the advice and management of adult sentencing guidelines by criminal justice professionals and taken a direct hand through the initiative process in setting the limits of judicial and administrative discretion. As a result, structured sentencing has become more complicated and less internally consistent. It remains unclear whether this is the inevitable price of growth in single-issue politics and more direct public involvement in the determination of sentencing policy. 4 tables, 3 figures, 13 notes, and 38 references