NCJ Number
58763
Journal
Journal of Criminal Law and Criminology Volume: 70 Issue: 2 Dated: (SUMMER 1979) Pages: 182-187
Date Published
1979
Length
6 pages
Annotation
THE OPINIONS OF 58 JUDGES FROM AN URBAN COMMON PLEAS COURT ARE USED TO DEVELOP A SENTENCE SEVERITY SCALE INTENDED AS A METHODOLOGICAL TOOL FOR STUDIES IN WHICH COMPARISONS ARE DRAWN ON THE BASIS OF SENTENCE SEVERITY.
Abstract
A CENTRAL PROBLEM IN SUCH STUDIES IS THAT SENTENCES CONTAIN DISPARATE ELEMENTS THAT CANNOT EASILY BE COMPARED. THE SCALE, WHICH REFLECTS THE PERCEPTIONS OF JUDGES IN A PARTICULAR COMMUNITY AT A PARTICULAR TIME, ADDRESSES THIS PROBLEM BY ASSIGNING WEIGHTS TO THE VARIOUS COMPONENTS THAT MAKE UP A SENTENCE. THE COMMON PLEAS COURT JUDGES WERE ASKED TO CHOOSE THE LESS SEVERE SENTENCE IN EACH OF 40 PAIRS OF SENTENCES. THEIR DETERMINATIONS WERE BASED ON THEIR PHILOSOPHIES REGARDING THE RELATIVE HARSHNESS OF PRISON AND PROBATION, THE REALITIES OF THE INSTITUTIONS TO WHICH THEY SENTENCED DEFENDANTS, AND THE PSYCHOLOGICAL AND PHYSICAL BURDENS THAT VARIOUS SENTENCES ENTAIL. THE JUDGES' RESPONSES WERE USED TO ASSIGN SCALE VALUES TO EACH SENTENCE, AND REGRESSION ANALYSES WERE PERFORMED ON THE SCALE VALUES TO ASSIGN WEIGHTS TO EACH SENTENCE COMPONENT. BY MULTIPLYING THE COMPONENTS OF A SENTENCE BY THE APPROPRIATE WEIGHTS, IT IS POSSIBLE TO PLACE THE SENTENCE ON A SCALE OF SEVERITY AND COMPARE IT WITH OTHER SENTENCES. FOR EXAMPLE, 3 TO 23 MONTHS IN COUNTY PRISON (WEIGHTED SCALE VALUE OF 1.722) IS APPROXIMATELY EQUAL IN SEVERITY TO 9 YEARS OF PROBATION (1.728) OR TO 8.25 YEARS OF MEDICAL PROBATION (1.732); 11.5 TO 23.5 MONTHS IN COUNTY PRISON PLUS 3 YEARS OF PROBATION (6.93) IS APPROXIMATELY EQUAL 1 TO 2 YEARS IN STATE PRISON (7.05); AND 2 TO 5 YEARS IN STATE PRISON (14.85) IS APPROXIMATELY EQUAL TO 1 TO 12 YEARS IN STATE PRISON (14.51). DETAILS OF THE DEVELOPMENT OF THE SCALE ARE PROVIDED. (LKM)