NCJ Number
103330
Journal
Syracuse Law Review Volume: 36 Issue: 2 Dated: (1985) Pages: 715-757
Date Published
1985
Length
43 pages
Annotation
This study examines whether parole reduces sentence disparity under indeterminate sentencing and when the parole decision is not regulated by explicit guidelines.
Abstract
The study involved observation of participant behavior in the Texas parole process, interviews with parole officials, and statistical analysis of a random sample of 1,183 adult offenders paroled in Texas in 1981. Sentence disparity reduction was examined in the context of the interplay between the parole board and the judiciary. Quantitative data on sentence length and time served for comparable offender groups were analyzed. Resulting data indicate whether parole decisions were less disparate than judicial sentencing. Observation and interview data indicate whether disparity reduction was a latent function of the parole process or a central concern of administrative< decisionmaking. Data suggest that parole can mitigate sentence disparity even in a large State where sentencing and parole authorities exercise unregulated discretion. Parole decisions were more likely to reduce sentence disparity for offenders convicted of serious offenses and having prior records. Parole's capacity to mitigate sentence disparity, however, has been insufficiently used in Texas. Structured discretion for parole decisionmakers would enhance the reduction of sentence disparity. Texas parole score sheets, 4 tables, and 156 footnotes.