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GUIDELINES FOR PAROLE AND SENTENCING - A POLICY CONTROL METHOD

NCJ Number
45099
Author(s)
D M GOTTFREDSON; L T WILKINS; P B HOFFMAN
Date Published
1978
Length
226 pages
Annotation
DEVELOPMENT AND IMPLEMENTATION OF IMPROVED PROCEDURES FOR PAROLE DECISIONMAKING, INCLUDING THE ARTICULATION OF EXPLICIT POLICY, ARE DESCRIBED.
Abstract
THE GUIDELINE POLICY MODEL, DEVELOPED IN CLOSE COLLABORATION WITH THE UNITED STATES BOARD OF PAROLE (NOW THE UNITED STATES PAROLE COMMISSION), IS A SELF-REGULATING SYSTEM FOR THE EXERCISE AND CONTROL OF DISCRETION IN THE PAROLING OF CONFINED OFFENDERS. THE TEXT SETS OUT TO DEMONSTRATE THAT THE ARTICULATION OF DECISION POLICY, THROUGH THE DEVELOPMENT OF EXPLICIT WRITTEN STANDARDS, PROVIDES A METHOD FOR STRUCTURING AND CONTROLLING DECISION DISCRETION WITHOUT REMOVING THE ABILITY FOR INDIVIDUAL CASE CONSIDERATION. THE CENTRAL ISSUE IS HOW TO USE DISCRETION WITHIN NECESSARY LEGAL AND ETHICAL RESTRAINTS. ISSUES OF EQUITY ARE EXAMINED, AND IT IS ARGUED THAT THIS CONCEPT IMPLIES THAT SIMILAR DECISIONS ARE TO BE APPLIED TO SIMILARLY SITUATED OFFENDERS. THE CHARACTERISTICS OF THE OFFENSE OR OFFENDER TO BE TAKEN INTO ACCOUNT ARE DISCUSSED RELATIVE TO DETERMINING THE WEIGHT GIVEN TO THESE CONCEPTS (BY THE PAROLING AUTHORITY IN ITS DECISIONS) LEADING TO AN EXPLICIT GUIDELINES MODEL BASED MAINLY ON THE DIMENSIONS OF THE SERIOUSNESS OF THE OFFENSE AND THE PROGNOSIS FOR THE PAROLE. THIS MODEL, AS IMPLEMENTED BY THE UNITED STATES BOARD OF PAROLE, IS DESCRIBED. ALSO DISCUSSED ARE THE STEPS TAKEN IN THIS STUDY TO PROVIDE THE BOARD WITH AN OBJECTIVE, EMPIRICALLY DERIVED MEASURE OF RISK (I.E., THE EXPECTED SUCCESS OR FAILURE OF THE PERSON CONSIDERED FOR PAROLE), CALLED A 'SALIENT FACTOR' SCORE. THE TEXT DELINEATES METHODS USED TO ESTABLISH A CLASSIFICATION OF OFFENSE SERIOUSNESS, FOR USE IN THE GUIDELINES SYSTEM, TO ASSIST IN DEVELOPING A PROCEDURE FOR MORE CONSISTENT JUDGMENTS OF OFFENSE SERIOUSNESS. SOME AVENUES TO POSSIBLE IMPROVEMENT IN PREDICTION ARE EXPLORED IN A SECTION ON GENERAL PROBLEMS OF INFORMATION USAGE FOR DECISIONMAKING. THE RELATION OF THE COMPUTER TO THE HUMAN DECISIONMAKER IS CONSIDERED, LEADING TO A DISCUSSION OF THE NATURE OF DECISIONMAKING. THE PROBLEM OF SENTENCING DISPARITY IS ADDRESSED AND ALTERNATIVE PROPOSALS FOR DEALING WITH IT ARE EXAMINED. THE IMPLICATIONS OF THIS RESEARCH, ALONG WITH OTHER POTENTIAL APPLICATION TO DECISION PROBLEMS IN CRIMINAL AND JUVENILE JUSTICE, ARE DISCUSSED. NEW PROCEDURES HAVE BECOME MORE OPEN, EXPLICIT, AND AVAILABLE FOR PUBLIC REVIEW AND CRITICISM; THE NEW METHOD CAN REDUCE DISPARITY IN ANY DECISION FIELD WHERE CONSIDERABLE DISCRETION PREVAILS. SUPPORTING MATERIALS AND AN INDEX ARE APPENDED.

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