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Sentencing Guidelines - Structuring Judicial Discretion, Volume 3 - Establishing a Sentencing Guidelines System

NCJ Number
82360
Author(s)
A M Gelman; J M Kress; J C Calpin
Date Published
1982
Length
246 pages
Annotation
This volume, intended for researchers actually designing and establishing a voluntary sentencing guidelines system, presents a detailed step-by-step plan for constructing a sentencing guidelines system in a court system.
Abstract
The text emphasizes that all judges in the jurisdiction must be involved if guidelines are to be accepted as a court policy tool. First, the text suggests identifying the data base, i.e., the information at the judge's disposal when sentencing decisions are made. Then it recommends developing a coding instrument for information collection, accompanied by a decision rules manual for categorizing ambiguous or unclear information. Subsequent steps are designing the coding sheet, pretesting the instrument with an adequate construction sample, coding, correcting the data, and performing statistical analysis applying multivariate techniques and other types of sophisticated analyses. Following initial analyses, researchers generate guideline models and determine what combinations of variables most accurately predict criminal sentences. Possible choices are the class, generic, and crime-specific models. The final models require two separate scales -- one focusing on the crime or offense and the other on the offender. The model should be tested on a validation sample, presented to the judges for comment, and finally implemented with preparation for feedback and review. The report concludes that change itself -- not sentencing guidelines per se -- can cause difficulty. Close, open collaboration of all involved can reduce resistance. For the remaining volumes, see NCJ 58874 and 82344.