NCJ Number
89749
Date Published
1982
Length
171 pages
Annotation
This report explores the different ways sentences are negotiated and decided in three New York State counties -- New York County, Suffolk County, and Ulster County. The study uses statistical analysis of a random sample of nearly 1,000 cases decided between 1976-78.
Abstract
The three counties were selected because of wide differences in their court structures and demographic characteristics. Judges, prosecutors, and defense attorneys in the three counties were interviewed and observed to determine how they negotiate. Results indicate a good measure of consistency among the types of offenses, offenders, and sentences imposed. This consistency probably flows from adherence to rules, both formal and informal. The character of these rules is explored as are those factors that might influence the choice of sanctions (such as whether the defendant is at liberty or in jail while awaiting disposition). Also explored is regional variation in sentencing. The report suggests that sentencing guidelines will not create even more consistency in sentencing decisions and that abolishing plea bargaining would be difficult to enforce. If new sentencing laws are passed that eliminate judges' discretionary authority, they will probably be compelled by their sense of justice to invent procedural maneuvers which restore their ability to make distinctions not recognized in law. Footnotes and data tables are provided. Appendixes present the three counties' court structure and caseloads, a review of New York State sentencing laws, statistical methods and tables, and chapter reference notes.