NCJ Number
33685
Date Published
1978
Length
52 pages
Annotation
THE THIRD IN A SERIES OF REPORTS ON CRIMINAL SENTENCES IMPOSED BY FEDERAL DISTRICT COURTS, THIS DOCUMENT EXPLORES THE EXTENT TO WHICH SENTENCING PATTERNS VARY FROM ONE JURISDICTION TO ANOTHER.
Abstract
STEPWISE MULTIPLE LINEAR REGRESSION ANALYSIS WAS USED ON FOUR KINDS OF VARIABLES, RELATING TO THE OFFENSE, OFFENDER, MANNER OF DISPOSITION, AND THE WORKLOAD OF THE JUDICIAL DISTRICT OF CONVICTION. FIVE CIRCUITS AND SIX DISTRICTS WERE SELECTED FOR THE INVESTIGATION; THREE DISTRICTS EMPLOY SENTENCING COUNCILS. THE FACTORS THAT INFLUENCE WHETHER AN OFFENDER IS SENTENCED TO PRISON AS WELL AS THE FACTORS THAT INFLUENCE THE LENGTH OF THE PRISON TERM APPEAR TO VARY SUBSTANTIALLY IN DISTRICT COURTS ACROSS THE NATION. VARIATION IN SENTENCES IMPOSED FOR MAJOR FOCAL OFFENSES (ROBBERY, AUTO THEFT, AND NARCOTICS OFFENSES) WAS MOST SYSTEMATIC IN THE MIDWEST. SENTENCE VARIATIONS WERE LEAST SYSTEMATICALLY RELATED TO PREDICTORS IN THE NORTHEAST. DESPITE SOME DIFFERENCES AMONG THE CIRCUITS, PREDICTABILITY WAS GENERALLY HIGH ACROSS ALL CIRCUITS STUDIED. THE VARIABILITY IN SENTENCING PATTERNS IN THE DISTRICT-LEVEL ANALYSIS WAS GENERALLY LESS WHEN OFFENSES WERE CONSIDERED IN THE AGGREGATE RATHER THAN INDIVIDUALLY. WHEN ANALYSIS MOVED FROM AGGREGATE TO OFFENSE-SPECIFIC ANALYSIS AND FROM CIRCUIT TO DISTRICT FOCUS, THE PREDICTIVE FACTORS BECAME INCREASINGLY DISTINGUISHABLE ACROSS JURISDICTIONS. THE DATA WERE ALSO EXPLORED IN AN EFFORT TO ASSESS THE UNIFORMITY AND UNIQUENESS OF SENTENCES IN JURISDICTIONS THAT USE A SENTENCING COUNCIL. THE RESULTS SUGGEST THAT CONTRARY TO POPULAR BELIEFS, DISTRICTS EMPLOYING THE SENTENCING COUNCIL APPROACH DID NOT DISPLAY SENTENCES ANY MORE CONSISTENTLY RELATED TO THE FACTORS EXAMINED THAN DID NONCOUNCIL DISTRICTS, AND CONTRARY TO THE CLAIMS OF PREVIOUS STUDIES, SENTENCING COUNCIL DISTRICT COURTS DID NOT APPEAR TO PRODUCE SENTENCES LESS VARIABLE OVER TIME THAN DISTRICTS WITHOUT SUCH COUNCILS. THE SIGNIFICANCE OF GEOGRAPHIC VARIATION, DIMENSIONS OF ANALYSIS, CIRCUIT-LEVEL VARIABILITY, AND THE VARIABILITY OF SENTENCES AT THE DISTRICT LEVEL ARE DISCUSSED, ALONG WITH THE ROLE OF THE SENTENCING PANEL. DEFINITIONS OF INDEPENDENT VARIABLES ARE APPENDED. A USER EVALUATION QUESTIONNAIRE, DETAILS OF THE ANALYSIS, AND TABULAR AND GRAPHIC DATA ARE PROVIDED. SEE ALSO NCJ 33683-33684 AND 33686. (AUTHOR ABSTRACT MODIFIED--KBL)