NCJ Number
76948
Date Published
1980
Length
31 pages
Annotation
This study analyzed sentencing practices in Virginia's 138 circuit courts, using data on 9,078 felons committed during the 3-year period of 1977 through 1979.
Abstract
Research studies on sentencing disparity have attributed it to the wide range of latitude given to judges by the law, as well as race, plea bargaining, and characteristics of individual communities. Sentencing by jury which is allowed in some States for noncapital offenses also contributes to these differences. This project used population figures to categorize court localities as metropolitan areas, small cities, and counties. Virginia groups felonies into six classes according to seriousness of the crime. For example, first degree murder is a Class 1 offense and has a sentence of life imprisonment or death, while involuntary manslaughter, petty larceny, and concealed weapons are all Class 6 crimes having a sentence range of 1 to 5 years. Since there were no Class 1 felonies during the study period, research was restricted to Class 2 through 6 and sentences associated with the most serious offenses at time of commitment. The distribution of offenses among the courts and its relation to their populations were assessed first, followed by an examination of the sentences imposed for different offense classes by the various courts. Also reviewed were commitments with greater than average sentences, the correlation between average sentence and the maximum authorized punishment, and sentences for specific offenses. Analysis of the data showed that metropolitan courts committed more than their share of Class 2 felony offenders but tended to set comparatively low sentences for the more serious felonies and higher sentences for the less serious crimes. Small cities committed a disproportionately larger number of offenders than would be expected from their population and gave more above average sentences. They also imposed the longest sentences for robbery, a Class 2 offense, and for all Class 3 offenses including burglary. Commitments from county courts were fewer than would be expected from their populations. They tended to give shorter sentences, with the exception of Class 2 felonies and grand larceny, a class 3 crime. Overall, more serious offenses were punished by sentences which were less than the law allows, while less serious offenses received sentences that were closer to the maximum penalty permitted by law. Recommendations regarding Virginia's data collection system are offered. The appendixes contain a list of the courts surveyed by population categories, a felony classification chart, statistical tables summarizing data on offenses and sentences, and 10 references.