NCJ Number
101783
Journal
Federal Probation Volume: 50 Issue: 1 Dated: (March 1986) Pages: 70-76
Date Published
1986
Length
7 pages
Annotation
Since sentencing guidelines as implemented to date have not fulfilled proponents' expectations, they should not be adopted. Peer group socialization would be a more effective way to achieve less disparity in judicial sentencing.
Abstract
A review of the impact of voluntary sentencing guidelines in four urban courts (Rich et al., 1982) found that guidelines had no measurable impact on judicial sentencing behavior. A National Institute of Justice pilot project in Florida (1982) found that approximately 20 percent of the sentences in the pilot districts fell outside the guidelines. A preliminary review of the subsequent statewide implementation of the guidelines indicates they may not promote sentencing fairness. A 1985 study (Shane-DuBow) concluded that judicially developed sentencing guidelines were not capable of eliminating sentencing disparity in Wisconsin and Michigan. A better approach than mandated sentencing guidelines would be judicial peer socialization in sentencing. Statewide sentencing reports should be regularly disseminated so judges will know what sentences are being imposed for various crimes across the State. Sentencing conferences or seminars should be regularly held, and public pressure on judicial sentencing could be exerted through court watch programs. State and local legislation should enable sentencing judges to review and modify their sentences under certain limited conditions within a specified period. This would permit judges to bring sentences in line with prevailing standards should they fail to do so at the original sentencing. 35 references.