NCJ Number
87884
Date Published
1981
Length
46 pages
Annotation
This chapter describes efforts to develop a causal model of the decisions affecting the sentencing of adult felons in San Diego County, Calif.
Abstract
A model for decision strategy was developed by analyzing the covariation over cases between a large number of potential 'predictors' and the final sentence decision. Three sources of information were identified from which the judge draws information: preplea agreements by the assistant district attorneys and defense attorneys, the offender's file and probation report, and information presented at the sentence hearing. Next, coding instruments were developed that were capable of representing the information contained in each of the latter two sources. A time-sampling procedure was then used to code verbal exchanges in the sentence hearings. Coders had a list of over 70 content categories printed on a reference sheet, and recorded such aspects as defendant appearance and grammatical quality of speech as well as more objective information. A completely different coding instrument was developed for the file which was made available to the judge prior to the sentence hearing. A total of over 400 sentence hearings were coded during 1976 and 1977; over 1,000 court files were also coded during the same period. If the adult offender has been found guilty of a felony, the felony's severity, the offender's prior record, and the offender's status influence the probation officer's recommendation. This recommendation appears to determine the final sentence that is judicially imposed, moderated slightly by the offender's status. Arguments raised at the sentence hearing appear to have little impact; background factors such as employment are not often considered. Two figures, 8 tables, and 27 references are included; coding categories are appended.