The Evolution of the Determinate Ideal of Sentencing: An Illinois Case Study

The past two decades have witnessed enormous changes in state sentencing structures. While many of the fundamental tenets of the determinate sentencing reform movement have changed since the 1970s, one bedrock principle has remained constant: the belief that the sentencing power of post-conviction administrators must be curbed. Yet, in many jurisdictions, the goal of the reform movement has been frustrated as sentencing discretion has merely shifted from parole boards to prison officials. This article presents a case study from Illinois to illustrate how institutions' adaptive responses to externally imposed reforms can enlarge the gap between the rhetoric and the reality of public policy.     

SENTENCING REFORM AND THE CORRECTIONAL SYSTEM: A Case Study of the Implementation of Minnesota's Determinate Sentencing Law

In recent years, various determinate sentencing models have been proposed to promote equity in sentencing and prisoner release certainty. This article examines the implementation of Minnesota's determinate sentencing law as it relates to prisoners and the state correctional system, It reviews the extent of the reform's success in achieving predictability in prisoner release dates and equity in sentencing. Organizational, political, and transitional problems in the implementation of the determinacy concept are discussed. In particular, resistance to change among parole board and correctional treatment staff members and a prisoner movement for retroactivity are highlighted. Conditions that could lead to replications of Minnesota's experience in other states are reviewed.     

In Search of Legitimacy: Toward An Empirical Analysis

Legitimacy is a much used concept in the social sciences. However, the absence of precise operational meaning has prompted questions about its utility as an explanation of compliance with social norms. Most recently, Alan Hyde has argued that legitimacy cannot be disentangled from other explanations of compliance such as coercion and self-interest and should, therefore, be abandoned. However, institutional, attitudinal, and behavioral dimensions of legitimacy can be operationalized. As part of our research on small claims courts we examined variations in institutional processes and legitimacy, gathered data on levels of voluntary compliance, and questioned defendants about their reasons for paying claims against them. We conclude that institutional legitimacy is related to voluntary compliance, and that the "language of obligation" is an important part of normal discourse. Operational meanings for legitimacy are available and empirical research about legitimacy should be a prominent part of the social science research agenda.     

Developing Contextualized Rationales for Sentencing in International Criminal Trials: A Plea for Empirical Research

The aim of this article is to illustrate how the pervading ideologyof retributivism has affected the norms and practice of sentencingin international criminal trials. It examines the nature andoperation of international sentencing law and procedure andthe parameters set for the exercise of discretionary power,suggesting how these militate against the development of moreconstructive rationales for punishment because of their continuedemphasis on principles of consistency and proportionality. Itis argued that the rationales for international sentencing needto engage more with the aspirations for justice of victims andpost-conflict societies. This would suggest a re-evaluationof punishment and a change in the sentencing practices of internationalcriminal tribunals. The article concludes that comparative contextualanalysis could provide important insights, which would be ofgreat assistance for international sentencing.     

Sentencing disparity: An analysis of judicial consistency

This paper reports the results of an analysis of judicial disparity in the sentencing of persons represented by legal-aid lawyers. Because the socioeconomic characteristics of legal-aid clients are fairly uniform, the analysis of such cases made it possible to explore the influence of case facts, system factors, and the judicial disparity of the sentences given in relatively similar situations. The analysis finds that case facts and offender characteristics, particularly prior record, are good predictors of sentence type and excellent predictors of sentence length. While there was some indication of judicial inconsistency in sentence-type decisions, that is, unexplained variation from case to case, there was little indication of strong individual judicial bias across the cases used in the analysis.     

Sentencing Contempt of Court in International Criminal Justice: An Unforeseen Problem Concerning Sentencing and Penalties

International criminal tribunals, like any criminal court, havebeen faced with offences against the administration of justice,such as contempt of court. The power of the UN ad hoc Tribunalsto punish these offences has raised problematic issues mainlyconcerning respect for the principle of legality (includingfrequent amendments to contempt-provisions, and the substantialincrease of the sentencing frame for contempt within only afew years). This article seeks to clarify some aspects concerningapplicable penalties and sentencing for contempt of court throughthe examination of the case law of the ad hoc Tribunals andthe Special Court for Sierra Leone, discussing its implicationsfor the principle of legality. It is argued that the processfollowed in sentencing contempt is in many aspects not dissimilarto the traditional judicial practice of the Tribunals concerningpurposes of punishment, aggravating and mitigating circumstancesand guilty pleas.     

Sentencing Thresholds in German Criminal Law and Practice: Legal and Empirical Aspects

The position of the custody threshold and the proportion of cases passing it are crucial for any attempt to reduce imprisonment. The article focuses on the sentencing threshold(s) in Germany, a country that shows relatively low incarceration rates in international comparison. This is in part due to legislation that aims to replace short prison sentences, especially those below six months, by fines, and unsuspended prison sentences up to two years by suspended ones. These provisions are widely applied in practice, yet not always in accordance with the letter of the law. The article will give an overview of the legal and practical aspects of decision-making between fines and prison sentences and between suspended and unsuspended sentences in Germany. It will show that there is not only one sentencing threshold identifiable in practice, but two different ones: firstly, between fines and suspended sentences, and secondly, between suspended and unsuspended sentences. Problems of the German system are identified, among which are the convertability of day fines into suspended and unsuspended prison terms and the treatment of persistent recidivists. Finally, possible solutions are proposed.     

财务预警的行业差异模型研究

现有的财务预警系统大多没有考虑行业差异因素对预警指标的干扰,从而使财务预警的准确性和科学性受到了不同程度的削弱.应当在传统的预警模型基础上加入行业差异变量,对现有财务预警模型进行必要的修正,可使模型的预测能力更为精准和科学,由此帮助现代企业提高应对风险的能力.     

量刑建议制度:现实与未来——一个实证角度的研究

检察官量刑建议制度是制约法官量刑自由裁量权的重要方式,也是确保量刑公正的重要手段。通过对某基层检察院量刑建议施行情况调研资料的分析可以看出:实务界对量刑建议采纳率存在误读、程序设置背离诉讼效率、辩护权并未加强、量刑建议中的刑期计算存在不合理性和不规范性等一系列问题。应以公正和效率两大诉讼价值为主线,寻求解决我国检察官量刑建议实务困境之路径。     

An Examination of Defendant Sex Disparity in Capital Sentencing: A Propensity Score Matching Approach

Although much prior work has examined the influence of extralegal factors on jury capital sentencing decision-making, the influence of defendant sex has been largely omitted from previous investigations. Using propensity score matching methods, the current study analyzes data from the North Carolina Capital Sentencing Project to examine whether “sex matters” in capital sentencing. Findings demonstrated that prior to matching there was a significant difference in the likelihood of receiving the death penalty for female and male defendant cases; however, after matching cases on an array of legal and extralegal case characteristics, these differences were no longer significant. Further results revealed that male defendants’ cases included different aggravating and mitigating factors than female defendants’ cases and that female defendants had limited “paths” to capital trials. Findings suggest that any apparent sex effects that are observed in capital sentencing stem from real differences in the case characteristics found in female and male defendants’ cases rather than any direct effects of defendant sex on jury decision-making. Study limitations and implications for death penalty research are also discussed.     

Minnesota Sentencing Guidelines: A Structure for Change

Minnesota's sentencing reform took place many years ago but its evolution continues. It is not possible for any sentencing system to remain static in the highly political and emotionally charged arena of crime. Goals and principles that were considered firmly established when the Sentencing Guidelines first went into effect have been reordered and expanded, practitioners have cut through the hard edges of the policies and softened their impact, and specific sentencing policies have moved in the direction of harsher penalties for violent and career criminals and drug dealers. While political and practical forces continue to evolve the sentencing guidelines policy, it is the structure itself that provides the essential rational framework for decision making. This article examines some of the forces of change in Minnesota and illustrates how the structure of sentencing guidelines, nevertheless, has managed to retain a rational sentencing policy.     

Criminal Punishment in Islamic Societies: Empirical Study of Attitudes to Criminal Sentencing in Iran

Public opinion on criminal sentencing and aims of punishment has been surveyed mostly in Western countries. In non-Western countries, especially Islamic societies, little has been published, at least in Western journals, on these issues. In fact, no published study examining public views toward criminal sentences and the aims of punishments in Islamic societies may be located in any major database of Western literature. As a result many questions like the relationship between perceived purpose of criminal punishment and its severity and the interactions between the belief in Islam and its Shari’a (Islamic culture) and punitive attitude to criminality have remained unasked. Therefore, the meaning and motive behind the death penalty and other severe forms of punishment in Islamic countries remains unknown to scholars, whether within or outside these countries. This paper introduces, first, Shari’a sentencing laws and practices in some Islamic societies and then, by drawing on a survey administered in Iran in 2008, tries to show and explain the variations in attitudes to Shari’a criminal laws and different forms of punishment, mostly based on Shari’a, across different genders and professions (judges, lawyers, students, Tulab and police).     

Evaluating the Role of Race in Sentencing: An Entropy Weighting Analysis

The current study builds on prior research examining racial disparities in sentencing. Entropy weighting is introduced as a new method for estimating racial disparities that has several advantages over traditionally used methods. Entropy weighting is compared to regression and propensity score methods in estimating Black-White disparities in incarceration sentences. Although all methods find non-significant racial disparities in incarceration sentences, regression and propensity score methods underestimate disparities in incarceration sentence lengths. Entropy weighting provides comparable estimates to propensity score methods, but assures that the samples are identical on all covariates aside from race. The method offers researchers a useful and flexible approach for estimating racial disparities in criminal justice, and its use may lead to alternative conclusions about the size and presence of racial disparities in sentencing.     

Sentencing Native Americans in US Federal Courts: An Examination of Disparity

Existing sentencing literature largely focuses on the study of white, African-American, and to a lesser extent, Hispanic offenders. Unfortunately, very little is known about the sentencing of Native American offenders, especially in the federal courts. To address this shortcoming, the current study employs United States Sentencing Commission data for the fiscal years 2006-2008 to examine the comparative punishment of Native Americans. Consistent with the focal concerns perspective and its reliance on perceptions of race-based threat, findings demonstrate that Native Americans are often sentenced more harshly than white, African-American, and Hispanic offenders. Moreover, race-gender-age interactions indicate that during the incarceration decision, young Native American males receive the most punitive sentences, surpassing the punishment costs associated with being a young African-American or Hispanic male. These findings highlight the importance of directing increased attention toward the sentencing of this understudied offender population.