COURT COMMUNITIES UNDER SENTENCING GUIDELINES: DILEMMAS OF FORMAL RATIONALITY AND SENTENCING DISPARITY

Efforts to structure sentencing through guidelines involve a fundamental dilemma for the sociology of law—guidelines attempt to emphasize formal rationality and uniformity (Savelsberg, 1992) while allowing discretion to tailor sentences to fit situations and characteristics of individual defendants when courts deem it warranted (substantive rationality). This exercise of substantive rationality in sentencing based on "extralegal" criteria deemed relevant by local court actors risks the kind of unwarranted disparity that guidelines were intended to reduce. We view local courts as arenas in which two sets of sentencing standards meet—formal rational ones articulated by guidelines vs. substantive, extralegal criteria deemed relevant by local court actors. We use statistical and qualitative data from Pennsylvania, a state whose courts have operated under sentencing guidelines for over a decade. Our analysis examines extralegal differences in three county courts' sentencing outcomes, and then documents ways in which substantive rational sentencing criteria are intertwined with defendants' exercise of their right to trial and their race and gender.     

REVIEW ESSAY:

The Social Contexts of Criminal Sentencing by Martha A. Myers and Susette Talarico.
Racial Disparities in the Criminal Justice System by Joan Petersilia.
The Myth of a Racist Criminal Justice System by William Wilbanks.     

TANGLED WEBS? MANAGING LOCAL MIXED ECONOMIES OF CARE

This article addresses two main issues about the emergent forms of social care provision in the development of a more mixed economy of welfare in Britain in the 1990s. The first concerns patterns of inter-organizational relationship within local mixed economies of care, paying particular attention to the inter-section of competitive and collaborative models of such relationships. The second concerns the emergence of a'managerial mode of co-ordination'as the dominant force in ordering intra- and inter-organizational relationships in such mixed economies. The article draws on research conducted in two such local mixed economies of care and addresses some of the theoretical problems involved in trying to analyse these new patterns of relationship.