NCJ Number
35463
Journal
Journal of Criminal Law and Criminology Volume: 67 Issue: 1 Dated: (MARCH 1976) Pages: 1-31
Date Published
1976
Length
31 pages
Annotation
THIS ARTICLE ANALYZES WHETHER THE TREND TOWARD VESTING INCREASING AMOUNTS OF SENTENCING DISCRETION IN PAROLE BOARDS SHOULD BE REVERSED.
Abstract
THE FACTORS THAT APPEAR TO INFLUENCE THE ILLINOIS PAROLE AND PARDON BOARD ARE IDENTIFIED AND EXAMINED, THE VARIOUS POSSIBLE ALTERNATIVE LOCI OF SENTENCING DISCRETION ARE ASSESSED, AND THE BROADER SCIENTIFIC AND POLICY ISSUES INVOLVED IN THE TECHNIQUES AND OBJECTIVES OF SENTENCING DECISIONS ARE CONSIDERED. STUDY FINDINGS INDICATED THAT THE DECISIONS OF THE ILLINOIS PAROLE BOARD ARE ASSOCIATED WITH THE SERIOUSNESS OF THE COMMITMENT OFFENSE, THE NUMBER OF PRIOR OFFENSES, PARTICIPATION IN EDUCATIONAL PROGRAMS WHILE IN PRISON, THE INMATE'S RECORD OF INFRACTIONS OF PRISON RULES, PROSPECTS FOR EMPLOYMENT AFTER RELEASE, MARITAL STATUS AND NUMBER OF DEPENDANTS, AGE, AND MEASURES OF INTELLIGENCE. SOME OF THE POLICY ISSUES DISCUSSED, INCLUDE THE COST OF INDIVIDUALIZING PAROLE RELEASE DECISIONS AND THE WEIGHT GIVEN IN PAROLE DECISIONS BOTH TO THE CORRECTIONAL SOCIOLOGISTS PROGNOSIS OF FUTURE BEHAVIOR AND TO PRISON DISCIPLINARY INFRACTIONS. IT IS ARGUED THAT SINCE THE PREDICTION OF DANGEROUSNESS WILL PROBABLY CONTINUE TO PLAY A PART IN SENTENCING DECISIONS, ACTUARIAL PREDICTIONS (BASED ON THE KNOWN BEHAVIOR OF GROUPS OF PERSONS WITH SIMILAR CHARACTERISTICS) TEND TO BE MORE VALID THAN CLINICAL (INDIVIDUALIZED) PREDICTIONS. THE AUTHOR CONCLUDE THAT SINCE PAROLE BOARDS SEEM MORE LIKELY THAN JUDGES TO USE ACTUARIAL PREDICTIONS, IT WOULD BE PREFERABLE TO LEAVE A SIGNIFICANT PORTION OF THE SENTENCING DISCRETION IN THE HANDS OF THE PAROLE BOARDS WHILE REQUIRING THEM TO BE MORE SYSTEMATIC IN FOLLOWING ACTUARIAL PREDICTION TABLES.