NCJ Number
60907
Date Published
1979
Length
338 pages
Annotation
THE METHODOLOGY AND RESULTS OF A COMPREHENSIVE EMPIRICAL ANALYSIS OF 1977 MICHIGAN FELONY SENTENCING PATTERNS ARE PRESENTED, ALONG WITH RECOMMENDATIONS FOR SENTENCING GUIDELINES AND SENTENCES REVIEW.
Abstract
THE CURRENT MICHIGAN SENTENCING SYSTEM HAS FIVE PROBLEMS: SENTENCING DISPARITY, LACK OF ACCOUNTABILITY, DIFFUSION OF AUTHORITY, USE OF INDIVIDUAL CASES TO SET IMPLICIT SENTENCING POLICY, AND LACK OF ADAPTATION TO CHANGING PUBLIC NEEDS. THE CONCEPT OF SENTENCING GUIDELINES TO REPLACE THE CURRENT PRINCIPLE OF INDETERMINACY ORIGINATED IN 1970, AND HAS SEVERAL ADVANTAGES OVER INDETERMINACY, MANDATORY SENTENCING, OR PRESUMPTIVE SENTENCING. IN THE PRESENT STUDY, ANALYSIS OF A SAMPLE OF ABOUT 6,000 FELONY CASES, STRATIFIED FOR GEOGRAPHIC REGION AND OFFENSE SEVERITY, SHOWED THAT THE EXISTING SENTENCING SYSTEM LEADS TO SUCH WIDE SENTENCING VARIATIONS THAT SENTENCING DISPARITY DEFINITELY EXISTS. ALTHOUGH THE SYSTEM IS NOT CHAOTIC, ARBITRARY, OR DELIBERATELY DISCRIMINATORY, THE SENTENCING VARIATIONS FOUND CANNOT BE EXPLAINED ON THE BASIS OF OFFENSE OR OFFENDER CHARACTERISTICS. TO REDUCE THE SENTENCING DISPARITY, SENTENCING GUIDELINES ARE RECOMMENDED. SUCH GUIDELINES WOULD ALSO ESTABLISH A METHOD TO MAKE EXPLICIT AND INFORMED DECISIONS ABOUT SENTENCING. IT ALSO IS RECOMMENDED THAT A BROAD-BASED AND RACIALLY-BALANCED SENTENCING GUIDELINES COMMISSION BE CREATED TO DEVELOP GUIDELINES TO BE USE AT JUDGES' OPTION FOR 2 YEARS, AFTER WHICH THEY WOULD BE EVALUATED. IN ADDITION, LEGISLATION SHOULD ESTABLISH APPELLATE-LEVEL SENTENCING REVIEW. STUDY METHODOLOGY, EXTENSIVE TABLES AND FIGURES PRESENTING RESULTS, THE QUESTIONNAIRE USED, AND A LISTS OF PROJECT STAFF AND OTHER MATERIALS ARE INCLUDED. (CFW)