NATURE, USE, AND IMPACT OF THE SPLIT SENTENCE IN THE FEDERAL JURISDICTION

• NCJ Number: 44607
• Author(s): N PARISI
• Date Published: 1977
• Length: 363 pages
• Sale Source: UMI Dissertation Services
• Publication Type: Thesis/Dissertation
• Language: English
• Country: United States of America
• Note: STATE UNIVERSITY OF NEW YORK AT ALBANY - DOCTORAL DISSERTATION

Annotation

THIS STUDY FOCUSES UPON SENTENCING WHICH INVOLVES A COMBINATION OF INCARCERATION AND PROBATION.

Abstract

THE STUDY'S EMPHASIS WAS ON THE FEDERAL JURISDICTION, WHICH ESTABLISHED THE SPLIT SENTENCE, OR 'SHOCK PROBATION,' IN 1958. DATA WERE GATHERED FROM THE ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS, THE FEDERAL BUREAU OF PRISONS, AND AN UNIDENTIFIED URBAN DISTRICT COURT. IN ADDITION, INTERVIEWS WERE UNDERTAKEN WITH FEDERAL JUDGES, PROBATION OFFICERS, AND OTHERS. THE THREE PARTS OF THE STUDY WERE THE CONCEPTUAL FRAMEWORK, THE USE OF THE DISPOSITION, AND THE IMPACT OF THE SPLIT SENTENCE. THE CONCEPTUAL FRAMEWORK ANALYSIS FOUND THAT OFFENDERS CONVICTED OF NONVIOLENT PROPERTY OFFENSES WERE CONSIDERED APPROPRIATE FOR THE SPLIT SENTENCE. THE PURPOSES SUGGESTED AS ATTAINABLE THROUGH THIS TYPE OF SENTENCING INCLUDED PUNISHMENT AND SPECIFIC AND GENERAL DETERRENCE. EXAMINATION (THROUGH TABULAR AND PREDICTIVE ATTRIBUTE ANALYSIS) OF THE USE OF THE SPLIT SENTENCE IN U.S. DISTRICT COURTS IN FISCAL YEAR 1974 SHOWED THAT SPLIT SENTENCE OFFENDERS GENERALLY CANNOT BE DISTINGUISHED FROM OFFENDERS RECEIVING OTHER TYPES OF DISPOSITIONS. A CONVICTION FOR IMMIGRATION OFFENSES AND A MINOR ROLE IN THE OFFENSE WERE FOUND TO BE ASSOCIATED WITH RECEIPT OF THE SPLIT SENTENCE. DATA SHOWED THAT SPLIT SENTENCE OFFENDERS HAD CHARACTERISTICS SIMILAR TO THOSE OF BOTH INCARCERATION AND PROBATION OFFENDERS. INVESTIGATION INTO THE IMPACT OF THE SPLIT SENTENCE RESULTED IN A FINDING THAT SPLIT SENTENCE OFFENDERS DID NOT HAVE A HIGHER PROPORTION OF UNFAVORABLE OUTCOMES THAN PROBATIONERS, EVEN AFTER IMPORTANT FACTORS SUCH AS OFFENSE AND PRIOR RECORD WERE TAKEN INTO CONSIDERATION. SUPPORTING DATA AND A BIBLIOGRAPHY ARE PROVIDED. APPENDIXES INCLUDE THE FEDERAL PROBATION STATUTE, THE FEDERAL YOUTH CORRECTIONS ACT STATUTE, FEDERAL RULES REGARDING CORRECTION OR REDUCTION OF SENTENCE, LISTS OF VARIABLES CONSIDERED FOR EACH OF THE THREE DATA SOURCES, QUESTIONS USED IN INTERVIEWS, FOUR CASE SUMMARIES, AND SELECTED TABLES SHOWING OFFENDER AND OFFENSE DATA. (AUTHOR ABSTRACT MODIFIED--VDA)