NCJ Number
93884
Date Published
Unknown
Length
189 pages
Annotation
This study examines what types of sanctions are imposed upon defendants and why in four misdemeanor courts in Austin, Tex.; Columbus, Ohio; Mankato, Minn.; and Tacoma, Wash.
Abstract
The study not only examined factors such as the nature of the offense and the characteristics of the individual judge but the extralegal factors of local economic and political climate. Data collection relied upon case file data on individual defendants; interviews with judges, prosecutors, defense attorneys, probation personnel, court administrative staff, and county commissioners and their staffs. Citizens in the four sites were also surveyed to obtain their views of sentencing severity for drunk driving, shoplifting, assault, and speeding. The study found that the nature of the offense charged had much to do with the sentence; e.g., traffic cases nearly always resulted in a fine, while criminal cases, though sometimes receiving a fine, were more likely to result in jail or probation. The identity of the judge, particularly his/her sentencing philosophy, was also important in determining the sentences meted out. When examining the effects of community attitudes on sentencing, it was found that community attitudes were remarkably similar in the four communities; however, citizen preferences for sentencing in particular offenses diverged from the courts' sentencing practices. An examination of economic factors did indicate that the court's use of fines is related to the revenue needs of the jurisdictions, and the use of jail is governed by jail capacity and cost concerns relative to facility expansion. Implications of these findings are drawn for future research and for policymaking. Appendixes contain a detailed description of study methodology, the demographic characteristics of the four communities, and selected tables and a sample questionnaire for the citizen survey. Tabular data are provided.