Agenda building in criminal justice: The case of determinate sentencing

An understanding of policy development, change and implementation is a necessary ingredient in analysis of criminal justice policy. This paper attempts to describe the process of policy formation in criminal justice within the framework, of “Agenda Building.” Through case studies of sentencing reform policy changes in two states, the applicability of the Agenda Building model to the study of criminal justice policy is demonstrated. The argument is advanced that, through the use of such approaches to the study of justice policy change, we will enhance our understanding of the diversity of specific policies and practices which can emerge from an apparently unified reform movement. Further, it is suggested that an enhanced understanding of policy development will allow reformers to better direct and control policy formulation.     

Deviation from sentencing guidelines: The issue of unwarranted disparity

There has been a recent trend toward sentencing guidelines in the United States, and Florida followed this pattern by adopting sentencing guidelines in 1983. The present study examined whether several extra-legal variables excluded from the guidelines influenced the elimination of unwarranted sentencing disparity following the implementation of Florida's guidelines. Age seemed to have no influence but the factors of whether there was a plea or trial, whether there was a probation or community control violation, and sex all influenced unwarranted sentencing disparity in varying degrees. The policy implications of these findings for developing sentencing guidelines are discussed.     

Displaced discretion under Ohio sentencing guidelines

The argument that curbing judicial sentencing discretion generates more prosecutorial discretion at earlier decision points in case processing received little empirical attention beyond Miethe's (1987) before/after study of the Minnesota guidelines. This article presents an examination of whether Ohio's sentencing reform resulted in significant changes in prosecutorial decisions related to indictment severity, dropped charges, charge reductions, and overall plea bargains. The implementation of determinate sentencing guidelines corresponded with a significant yet modest increase in the likelihood of charge reductions only. Some changes also occurred in the specific effects of various defendant characteristics on some of the outcomes examined, but these changes did not uniformly result in harsher dispositions for defendants facing greater social and economic disadvantage. Similar to Miethe's observation regarding Minnesota's sentencing scheme, any increase in levels of prosecutorial discretion that might have occurred under Ohio's latest scheme had not resulted in substantive extra-legal disparities in case dispositions.     

Attitudes toward sentencing guidelines and simulated sentencing among Missouri circuit court judges

This study examines attitudes toward sentencing guidelines and simulated sentencing practices among Missouri circuit court judges. In addition, the study investigates the efficacy of sentencing workshops by comparing judges who attended or did not attend workshops. All Missouri circuit court judges were mailed surveys and 97 judges responded. Results indicated that judges generally felt positive toward Missouri’s voluntary sentencing guidelines, but often failed to refer to the guidelines when sentencing sample cases. Attendance at a sentencing workshop was not associated with attitudes about Missouri sentencing guidelines or sentencing in simulated cases. Sentencing in simulated cases varied by nature of the crime and circuit type. Judges from metropolitan areas tended to sentence more leniently than judges from rural areas. In their written comments, many judges expressed fear about the possibility of mandatory guidelines. Results suggest that there is ambivalence among Missouri judges over the acceptance and use of sentencing guidelines.     

The role of criminal record in the federal sentencing guidelines

In this paper my concern is with the collective moral responsibility of criminal investigators for the outcomes of their investigations, bearing in mind that it is important to distinguish collective moral responsibility from, and relate it to, individual moral responsibility. In what sense, if any, are police detectives individually and collectively morally responsible for their success (or, for that matter, their failure) in gathering sufficient evidence to identify, arrest, and charge an offender who has committed a serious crime? Alternatively, in what sense are they morally responsible in cases where they identify, arrest, and charge an innocent person? And in what sense, if any, are police detectives individually and collectively morally responsible for the ultimate outcome of the trial, the finding by the courts of someone they have investigated and charged with a serious crime to be guilty or innocent?     

Victim participation in sentencing and satisfaction with justice

This article reviews the issues surrounding victim participation in the criminal justice system. It then examines the extent of victims' involvement in the process and its impact on their satisfaction with justice in one midwestern county. Multiple regression reveals that satisfaction with the sentence is influenced most strongly by the victims' feelings that the sentence was fair, although offense type, victim-offender relationship, and fulfillment of victims' expectations also have some explanatory power. Analysis also reveals that victims' satisfaction with the criminal justice system as a whole is influenced first and foremost by their satisfaction with the sentence. The implications of these results for the debate concerning victim participation in the process via the victim impact statement are discussed.     

The organizational justice effect among criminal justice employees: A meta-analysis*

Organizational justice has been shown to be an important predictor of criminal justice employees’ work-related perceptions, attitudes, and behaviors. In this study, we take stock of the organizational justice effect on criminal justice employees’ work outcomes by subjecting the literature to a meta-analysis. Multilevel modeling based on 1,924 effect size estimates drawn from 143 studies (95 independent data sets) was used to establish the empirical status of the organizational justice effect. The results indicate a sizeable relationship between organizational justice and justice system employee work outcomes (Mz = .256, CI = [.230, .283]). The findings also demonstrate that the organizational justice effect size varies slightly across several methodological variations. Specifically, the organizational justice effect size is larger when the concept is measured with scales that contain survey items tapping into all four dimensions of justice. Also, we found that outcome type, presence of confounding mechanisms, research design, and sample characteristics moderate the justice effect. We conclude that organizational justice theory is a useful framework for developing a more theoretically informed understanding of justice system employees’ work outcomes. We discuss the theoretical implications of the meta-analytic findings and avenues for future research based on the results.     

Public sentencing rallies in China: The symbolizing of punishment and justice in a socialist state

This article explores the functions and format of the public sentencing rallyin China. The public sentencing rally is a judicial event in which the verdictand sentence of a criminal case already decided in court is announced publicly,in a venue such as a stadium or auditorium. Sentencing rallies provide an important organizational and operational avenue through which communicativeactions of blaming and shaming are constituted and relayed to their socialaudience. They can be convened for one individual or for a group of convictedcriminals, usually those convicted of serious crimes, crimes that attract somepublic attention or crimes that are targeted during anti-crime campaigns. Theirfunction is to educate and deter through a process of ritual and representation.They are a format in which the emotive representations of public shaming and gestures of moral indignation can be acted out. Rallies also represent to theirsocial audience, a conceptual framework through which to interpret thecharacteristics of judicial authority in post-1978 China. This aspect ofrepresentation involves two types of authority, the moral authority of thecourt to mete out popular justice and the institutional authority of the courtrepresented in the aspirational claims of institutional reform – proceduralpropriety, professionalism and the strict adherence to the law.     

The value of restorative justice*

This paper starts by defining restorative justice and analysing its components. It looks at its practical benefits for the criminal justice system and explores the human benefits, not only for victims, but also for offenders, the families of both parties and the community. The experience of restorative justice in juvenile courts in New Zealand is examined in order to highlight the main benefits of the practice. Studies have shown that restorative justice can have positive effects such as reducing reoffending, providing an insight into offending, bringing together victims and offenders and repairing emotional harm. The paper concludes that although restorative justice on its own will not fix all social problems, it has many positive impacts on participants.     

Penal ideology, sentencing and the legitimacy of trial justice

The paper explores the link between penal ideology and international trial justice from the perspective of sentencing. The argument is based on the premise that the perceived legitimacy of punishment is directly related to effective governance in criminal justice. As such, loss of faith, or lack of moral empathy by individuals and communities with the ideologies, processes and outcomes of punishment compromises the ability of criminal trials to function effectively in maintaining the ‘rule of law’. The paper argues that more emphasis should be given explaining the moral foundations that underpin perceptions of ‘justice’ in sociological accounts of the ‘reality’ of sentencing, and proposes an analytical framework for conceptualising this. Adopting this approach, the paper draws on examples from national and international criminal justice to illustrate how the hegemony of penal ideology and its implementation compromises the ability of sentencing outcomes to resonate with the trial‘s ‘relevant audience’. The paper then focuses on how penal ideology influences the construction of the factual basis for sentencing in international criminal trials, and considers the consequences of this for the perceived ‘legitimacy’ of international trial justice.     

The department of justice merger guidelines: The search for empirical support

This paper examines the Department of Justice Merger Guidelines to determine whether there is any objective support for the critical values they suggest. The conclusion, based on empirical results using Census of Manufacturers data, is that there is nothing to suggest a unique level at which one can suspect collusion will arise that in turn will lead to enhanced profitability of firms within an industry.     

Exploring the relationship between sentencing and the legitimacy of trial justice

This paper argues that recent sustained criticism of judicial sentencing in England and Wales reflects a much deeper malaise afflicting the legitimacy of punishment in the late post-modern era. It suggests that this phenomenon not only threatens the liberal-consensus view of the judiciary as pivotal to the rule of law, but also undermines the rationality which underpins conventional paradigms of criminal justice more generally. The paper goes on to argue that there are important lessons to be learned from engaging with the debates about punishment and sentencing which are taking place on the international stage, suggesting that the crisis in domestic sentencing is really symptomatic of a more fundamental crisis in penal legitimacy affecting the whole of civil society; one that touches upon the role of punishment in the governance of so-called democratic states. The paper concludes that the time may have come to modify the predominant neo-liberal paradigm prevalent in western democracies by developing notions of punishment and sentencing as relational contexts which provide meaningful links between trial outcomes and aspirations for justice.     

Circle sentencing in Canada: A partnership of the community and the criminal justice system

Throughout North America, there has been an increasing interest in the development of alternative forums for dispute resolution that may more effectively address the needs of victims, offenders, and the community. Concurrent with this has been an attempt to alter the adversarial framework of the criminal justice system. This has included the development and implementation of case processing strategies premised on restorative justice and attempting to secure the participation of communities as partners in the resolution of disputes. One particularly innovative initiative is circle sentencing, which has been implemented in several communities in the Yukon, Canada. The procedure by which cases are processed in circle sentencing is outlined and the involvement of the offender, the victim, the community, and the territorial court are discussed.