NCJ Number
69272
Date Published
1980
Length
58 pages
Annotation
THIS MINNESOTA COMMISSION REPORT TO THE STATE LEGISLATURE DESCRIBES GUIDELINES DEVELOPED TO SET FIXED PRISON TERMS FOR SPECIFIED OFFENSES, ELIMINATING SENTENCING DISPARITY.
Abstract
THE COMMISSION WAS MANDATED TO ESTABLISH STANDARD GUIDELINES FOR CIRCUMSTANCES UNDER WHICH OFFENDER IMPRISONMENT IS PROPER, AND FOR PRESUMPTIVE FIXED SENTENCING IN SUCH CASES. UNDER THE CURRENT SYSTEM, THE DISTRICT COURT JUDGES DECIDE WHETHER THE CONVICTED OFFENDERS SHOULD BE JAILED AND SET MAXIMUM SENTENCE LENGTHS WHICH ARE IN ESSENCE SYMBOLIC BECAUSE THE MINNESOTA CORRECTIONS BOARD (MCB) HAS THE AUTHORITY TO RELEASE PRISONERS AND THUS HOLDS THE REAL POWER TO ESTABLISH SENTENCE DURATION. THE COMMISSION BEGAN TWO MAJOR STUDIES IN 1979 -- A DISPOSITIONAL REVIEW WHICH EXAMINED JUDICIAL SENTENCING PRACTICES, AND A DURATIONAL STUDY WHICH EXAMINED THE RELEASING PRACTICES OF THE MCB. DATA ON ABOUT 50 PERCENT OF OFFENDERS CONVICTED IN FISCAL 1978 WERE COLLECTED FOR THE DISPOSITIONAL STUDY; IN ALL, 2,339 PRISONERS WERE SAMPLED. IN THE DURATIONAL STUDY, 847 CASES WERE SURVEYED, I.E., EVERY PERSON RELEASED IN FISCAL YEAR 1978. BOTH STUDIES EXAMINED DATA ON CURRENT OFFENSE, PRIOR CRIMINAL HISTORY, JUVENILE HISTORY, SOCIAL HISTORY, AND CRIMINAL JUSTICE AND SENTENCING INFORMATION. DATA FROM BOTH THE DISPOSITIONAL AND THE DURATIONAL STUDY WERE ANALYZED FOR FACTORS ASSOCIATED WITH IMPRISONMENT OR RELEASING DECISIONS MADE BY JUDGES AND THE MCB RESPECTIVELY. OFFENDERS' CRIMINAL HISTORIES AND OFFENSE SEVERITY WERE IDENTIFIED AS THE PRIMARY FACTORS ASSOCIATED WITH BOTH DECISIONMAKING PROCESSES. THESE RESULTS ENABLED THE COMMISSION TO SET UP A TWO-DIMENSIONAL GRID FOR DETERMINING APPROPRIATE JUDICIAL DECISIONS. A DISPOSITIONAL LINE REPRESENTS A MODIFIED 'JUST DESERTS' APPROACH, PRESUMING IMPRISONMENT FOR SUCH OFFENSES AS AGGRAVATED ROBBERY, ASSAULT, ARSON, CRIMINAL SEXUAL CONDUCT (FIRST DEGREE), KIDNAPPING (IF VICTIM HARMED), MANSLAUGHTER (FIRST DEGREE) AND MURDER (SECOND AND THIRD DEGREE). SENTENCE DURATION RANGE IS ESTABLISHED WITH REFERENCE TO THE CRIMINAL HISTORY INDEX. THE DURATIONAL OUTLINE SET UP BY THE COMMISSION IS BASED ON MCB POLICY AND SEVERAL PUNISHMENT PHILOSOPHY DURATIONAL MODELS. FAIR AND EFFECTIVE IMPLEMENTATION OF THE GUIDELINES WILL REQUIRE LEGISLATIVE CHANGES CONCERNING PROCEDURES FOR THE USE OF JUVENILE RECORDS, PRESENTENCE INVESTIGATIONS, AND SENTENCING GUIDELINES MONITORING. IF APPROVED, THE GUIDELINES TAKE EFFECT MAY 1, 1980. THE SENTENCING GUIDELINES, GRID, OFFENSE SEVERITY REFERENCE TABLE, OFFENSES LISTS, REQUESTED LEGISLATION, AND DEFINITION OF TERMS ARE INCLUDED.