skip navigation

CrimeSolutions.gov

Add your conference to our Justice Events calendar

PUBLICATIONS

NCJRS Abstract

The document referenced below is part of the NCJRS Library collection.
To conduct further searches of the collection, visit the NCJRS Abstracts Database.

How to Obtain Documents
 
NCJ Number: NCJ 056979     Find in a Library
Title: SURVEY OF JUDGES' RESPONSES TO SIMULATED LEGAL CASES RESERARCH NOTE ON SENTENCING DISPARITY
Journal: JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY  Volume:68  Issue:2  Dated:(JUNE 1977)  Pages:306-310
Author(s): W AUSTIN ; T A WILLIAMS
Corporate Author: Northwestern University
School of Law
Managing Editor
United States of America
Date Published: 1977
Page Count: 5
Language: English
Country: United States of America
Annotation: SURVEY DATA WERE GATHERED FROM 47 VIRGINIA DISTRICT COURT JUDGES TO EXAMINE THE DEGREE OF SENTENCING DISPARITY AMONG THE SAME TYPE OF JUDGES WITHIN THE SAME JURISDICTION.
Abstract: THE JUDGES WERE EACH GIVEN AN IDENTICAL BOOKLET WITH FIVE CASE DESCRIPTIONS AND ASKED TO RECOMMEND A VERDICT, AND, IF A GUILTY VERDICT IS RENDERED, TO SUGGEST AN APPROPRIATE SENTENCE. CASE DESCRIPTIONS CONVEYED THE BASIC EVIDENTIAL FACTORS REQUISITE FOR A VERDICT, THE DEFENDANT'S NAME, THE CRIMINAL CHARGE, AND A SYNOPSIS OF THE TESTIMONY. THE OVERALL PATTERN RESULTING FROM THE JUDGES' RECOMMENDATIONS WAS AGREEMENT ON THE VERDICT, BUT THERE WAS A SUBSTANTIAL VARIANCE IN THE CHOICE OF SENTENCING MODE AND PENALTY SERIOUSNESS WITHIN THE MODE. AFTER ANALYSIS OF RESPONSES IS MADE, NUMBER OF CONCLUSIONS CAN BE DRAWN: (1) GENERALLY, WHEN LEGAL CASES ARE EQUALIZED WITHIN OFFENSE CATEGORIES, JUDGES SHOW SIGNIFICANT DISPARITY; (2) THE STRENGTH OF THE EVIDENCE AGAINST THE DEFENDANT IS RELATED TO THE DISPARITY; (3) STRONG EVIDENCE DOES NOT APPEAR TO GUARANTEE A HIGH AGREEMENT ON THE APPROPRIATE SENTENCE; AND (4) THE TYPE OF OFFENSES APPEAR TO BE RELATED TO THE DEGREE OF DISPARITY. REFERENCES ARE CITED. (DAG)
Index Term(s): Surveys ; Judicial discretion ; Decisionmaking ; Sentencing disparity ; Virginia
   
  To cite this abstract, use the following link:
https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=56979

* A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's web site is provided.