The sentencing reform act of 1984: A bold approach to the unwarranted sentencing disparity problem

Conclusion In 1984, after years of study and thorough debate, a bipartisan majority of the Congress enacted perhaps the most far-reaching reform of the federal criminal justice system in the history of the United States. The Sentencing Reform Act and the federal sentencing guidelines are now beginning to produce data indicating that the objectives of avoiding unwarranted disparity and invidious discrimination are being achieved.After an uncertain beginning, the guidelines are gaining acceptance by courts and criminal justice practitioners. As one appellate court observed in admonishing lower courts that the guidelines must be respected:We have embarked on a new course. Only time will tell whether the use of the guidelines will result in an improvement over the old system. But unless we follow the spirit and written directions of the guidelines, we will never know if they have been given a fair test. They at least deserve that.Indeed, the bold new approach to sentencing that is being followed today in federal courthouses throughout the United States deserves an opportunity to succeed, given its many beneficial features and the lofty goals toward which the reforms are directed. While ample work remains for the United States Sentencing Commission to monitor and improve the guidelines, indications at this still early date are that the experiment is succeeding.An earlier version of this paper was presented at the fifth conference of the Society for the Reform of Criminal Law, Parliament House, Edinburgh, Scotland, August 5–9, 1990. The views expressed herein are those of the authors and do not necessarily represent the official position of the United States Sentencing Commission.B.A., Davidson College 1964; J.D., University of South Carolina School of Law 1967.B.A., Ohio State University 1974; M.S., Arizona State University 1980; M.A., University of California, Santa Barbara, 1983.B.S., Clemson University 1971; M.S., Clemson University 1975; J.D., University of South Carolina School of Law 1978.     

Spatial variation of refractive index in a pane of float glass.

In the statistical interpretation of forensic glass evidence it is standard practice to make the assumption of homogeneity of the refractive index (RI) of the source glass, or of localized homogeneity. However, the work of Locke and Hayes showed that, for toughened windscreen glass, this assumption might not be true. This work is well cited, but there appears to have been little follow-on published research. Furthermore, the toughening process is something known to affect the refractive index, and is a process that float glass does not undergo. Float glass is a major component of casework in New Zealand and for that reason it would be interesting to know whether the findings of Locke and Hayes apply when dealing with float glass. In this paper we describe an experiment similar to that of Locke and Hayes, systematically examining the variation of RI in a pane of float window glass. It was found that, although there were no systematic differences in refractive index, there were observable differences across the pane.     

Stable hydrogen isotope analysis as a method to identify illegally trapped songbirds

We measured stable hydrogen isotope ratios in the primary feathers of two subspecies of goldfinches, confiscated by the Police and the Royal Society for the Prevention of Cruelty to Animals (RSPCA) on suspicion that they had been illegally taken from the wild. We found significant differences in the delta2H values of the two subspecies indicating that they were sourced from different geographical regions. Our results correlated with isotopic precipitation maps and with the known distribution of the two subspecies of goldfinch. We believe that this technique could be used by law enforcement agencies to determine the origin of birds in cases where the species or subspecies involved are geographically distinct.     

Long-Term Follow-Up of Young Children Placed in Foster Care: Subsequent Placements and Exposure to Family Violence

This study examined the quality or characteristics of permanent placements at 6 years of age for 254 children who had been removed from their homes prior to attaining 3.5 years of age (mean = 13 months). Although the primary objective when removing children is protection, subsequent permanent placements are prioritized by federal legislation with a stable family environment, especially one with the biological parent(s), being preferred. Three a priori comparisons (i.e., reunified vs. nonreunified, adopted vs. foster care, relative vs. nonrelative foster care) were conducted for caregiver and child reports of exposure to family violence. The results indicate that both reunified children and their parents report more family violence (witnessed and child victimization) than do nonreunified children and their caregivers. Adoptive parents did report that they used more minor violence in disciplining their children than did foster caregivers, but their children reported witnessing significantly less physical violence in the home. Recognizing that the development of children removed from their homes because of maltreatment is likely a function of both the maltreatment as well as the quality of subsequent family experiences (i.e., violence exposure), implications of the findings for determining placements are discussed.     

Exposure to Family Violence in Young At-Risk Children: A Longitudinal Look at the Effects of Victimization and Witnessed Physical and Psychological Aggression

This study examines the contribution of specific types of family violence exposure (e.g., victim vs. witness; physical vs. psychological) to aggressive and anxious/depressed problem behaviors in young (i.e., 6-year-old) at-risk children. This multisite prospective study of 682 children from four different regions of the country asked mothers and their 6-year-old children to report on violence exposure in their families. After controlling for mother reports of child problem behaviors on the Child Behavior Checklist at Age 4, it was found that subsequent exposure to family violence predicted reported problem behaviors at Age 6. Although mothers' report of child victimization predicted subsequent problem behaviors, witnessed violence was related to these problems only when both mothers and children reported its occurrence. The results of this study suggest that even though there was a relationship between witnessed and directly experienced family violence, both had independent, noninteractive effects on subsequent behavior problems.     

An investigation into the relationship between edge counts and the variability of the refractive index of glass. Part I: Edge morphology

The effect of glass fragment morphology on the variability of refractive index values in five different glass objects was investigated. Data are presented that suggest that the variability of refractive index values is increased when fragment edge morphology becomes unsuitable for phase contrast microscopy.     

Testing hot-spots police patrols against no-treatment controls: Temporal and spatial deterrence effects in the London Underground experiment

Our understanding of causality and effect size in randomized field experiments is challenged by variations in levels of baseline treatment dosage in control groups across experiments testing similar treatments. The clearest design is to compare treated cases with no-treatment controls in a sample that lacks any prior treatment at baseline. We applied that strategy in a randomized test of hot-spots police patrols on the previously never-patrolled, track-level platforms of the London Underground (LU). In a pretest–posttest, control-group design, we randomly assigned 57 of the LU's 115 highest crime platforms to receive foot patrol by officers in 15-minute doses, 4 times per day, during 8-hour shifts on 4 days a week for 6 months. The effect of 23,272 police arrivals at the treatment hot spots over 26 weeks was to reduce public calls for service by 21 percent on treated platforms relative to controls, primarily when police were absent (97 percent of the measured effect). This effect was six times larger than the mean standardized effect size found in the leading systematic review. This finding provides a benchmark against the baseline counterfactual of no patrol in hot spots, with strong evidence of residual deterrence and no evidence of local displacement.