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Driving Under the Influence: The Impact of Legislative Reform on the Role of Legal and Extralegal Variables in Court Sentencing Practices

NCJ Number
131873
Journal
Criminal Justice Policy Review Volume: 3 Issue: 4 Dated: (1989) Pages: 344-359
Author(s)
R Kingsnorth; C Barnes; P Coonley
Date Published
1989
Length
16 pages
Annotation
A systematic random sample of 2,091 cases was generated for the years 1980 to 1984, a sample of 3.5 percent of the total population of driving under the influence (DUI) cases filed in this period in Sacramento County Municipal Court, to assess the impact of sentencing reforms on the role of legal and extralegal factors in court decision-making practices and to expand understanding of municipal court processing and sentencing of DUI offenders.
Abstract
The legal variables of prior record, charge reduction to reckless driving, and license infractions were consistently more important than extralegal variables in predicting the imposition and duration of jail terms both before and after legal reform. Among the extralegal variables, only type of attorney representation was related significantly to sentencing outcomes and then only in the prediction of a jail term for offenders without a prior record in the period after legal reform. The extralegal variables of race, gender, and age failed to achieve predictive significance in any of the models. The data provide strong support for the functionalist interpretation of court sentencing as determined primarily by legal rather than extralegal factors. 6 notes, 2 figures, 5 tables, and 26 references (Author abstract modified)