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Guideline-Based Justice - The Implications for Racial Minorities

NCJ Number
100563
Author(s)
J Petersilia; S Turner
Date Published
1985
Length
50 pages
Annotation
This study examined sentencing factors for a sample of 16,500 convicted California felons, with a focus on the effects of classification instruments and formal sentencing and parole guidelines.
Abstract
The accuracy of recidivism prediction using these factors was assessed in a sample of 511 probationers and 511 inmates. Although many correlations were found between sentencing factors and race, these were small. The few racially discriminatory status factors were outnumbered by criteria based on seriousness of crime and prior record. While none of the sentencing guidelines used social status factors, they still resulted in racial disparity. For example, more black offenders were on probation or parole when arrested and were more likely to have injured their victims and used weapons. While racially correlated, these factors also relate to criminal behavior and are therefore regarded as legitimate. Of the status factors used in guidelines (drug and alcohol abuse and employment), only employment adversely affected blacks. Many of the status factors used in sentencing guidelines also correlate with recidivism. However, even when all the factors in the database were used, accuracy in predicting recidivism was seldom greater than 70 percent, less than a 20-percent improvement than would be predicted by chance. Implications are discussed. Tabular data, appended research materials, 69 references. ABI jp