NCJ Number
17876
Journal
University of Cincinnati Law Review Volume: 42 Issue: 4 Dated: (1973) Pages: 597-633
Date Published
1973
Length
37 pages
Annotation
EXPLANATIONS FOR JUDICIAL DISCRETIONARY BEHAVIOR BY EXAMINING THE COICE OF SENTENCES FOR 1,852 DRAFT OFFENDERS BY 304 FEDERAL DISTRICT JUDGES IN 1972.
Abstract
THE STUDY ASSERTS THAT WHERE LAW AND PRECEDENT PROVIDE WEAK GUIDELINES RATHER THAN MANDATES, THE CHIEF FACTORS ASSOCIATED WITH THE JUDGE'S CHOICE MAY BE DISCOVERED IN HIS PERSONAL HISTORY AND IN HIS POLITICAL AND SOCIAL ENVIRONMENT. THE STUDY SUMMARIZES THE DIFFERENCES BETWEEN THE JUDGES WHO GAVE VERY LIGHT SENTENCES (SUSPENDED OR SHORT PROBATION) AND THOSE WHO GAVE VERY HARSH SENTENCES (FOUR TO FIVE YEARS IN PRISON). MILD JUDGES ARE ALTRUISTS WHO HAVE SERVED IN THE MILITARY AND BELONG TO CIVIL LIBERTIES ORGANIZATIONS, WHILE STERN JUDGES ARE PAROCHIALS OR NATIONALS AND WORK IN A COMMUNITY WITH A LARGE LEGIONNAIRE MEMBERSHIP. THE SEVENTH AND TENTH CIRCUITS HAVE AVERAGE TO HARSH JUDGES, WHILE THE SECOND, FOURTH, FIFTH AND NINTH CIRCUITS HAVE AVERAGE TO MILD JUDGES. BOTH HARSH AND MILD JUDGES ARE FOUND IN THE THIRD, SIXTH AND EIGHTH CIRCUITS. FROM THE ENTIRE ANALYSIS IT IS POSSIBLE TO EXTRACT MODELS OF THE SEVERE DRAFT JUDGE AND THE MILD DRAFT JUDGE. (AUTHOR ABSTRACT)