NCJ Number
108277
Journal
Law and Contemporary Problems Volume: 49 Issue: 1 Dated: (Winter 1986) Pages: 199-221
Date Published
1986
Length
23 pages
Annotation
This study examines whether California's law mandating sentence enhancements for offenses involving firearms is being followed by the courts.
Abstract
Using data from California's Bureau of Criminal Statistics, this study examined case processing and dispositions for all defendants arrested for felonies whose cases reached disposition by the police, prosecutor, or court in 1977, 1978, and 1979. Only those found guilty and sentenced to prison were included in the analysis. Of this number, a random sample of 10,892 cases was drawn. If the firearms sentence enhancement was applied, then defendants who used a firearm in the charged offenses would have received at least an additional year in prison. To determine if the use of a firearm incurred this additional time, the cases were rendered equivalent on all rival factors through the use of ordinary least squares multiple regression analysis. The analysis indicates the courts are not applying sentence enhancements for offenses involving firearms. Only the most serious repeat offenders are given additional sentences for committing crimes with guns. It is impossible to determine if the law is having its intended effect until it has been properly enforced. The article suggests some reasons for the law's not being applied. 42 footnotes.