Sentencing in the Misdemeanor Courts - The Choice of Sanctions

• NCJ Number: 88204
• Date Published: 1982
• Length: 30 pages
• Grant Number(s): 81-IJ-CX-0006
• Agencies: NIJ-Sponsored

Annotation

An examination of the choice of sanctioning in misdemeanor courts in three regions shows case type to be an important factor influencing sanction choice. Results also show minimal use of individualized justice and the segregation of the economic sanction from other sanctions.

Abstract

Quantitative and qualitative data were obtained from three lower courts located in the counties surrounding Austin, Tex.; Tacoma, Wash.; and Mankato, Minn. The study hypothesized that the choice of sanctions imposed is a function of characteristics internal to courts (e.g., type of offense, number of charges, judge at sentencing, and defendant characteristics) and of characteristics external to courts (e.g., the economic and political climate influencing the court's role in generating revenue). The quantitative analysis rested on case file data collected during 1979, and the qualitative data came from interviews and observations. Case type was found to be an important factor influencing the choice of sanction in all three courts. It is the dominant feature in Austin, a predominant force in Mankato, and an important (but not overriding) characteristic in Tacoma. Justice suited to the individual judge and defendant appears far less common in misdemeanor courts than has been suggested by previous studies. Only in Tacoma does there appear to be a pattern of variation among judges as to what sanctions are appropriate under particular circumstances. In each court, there is a pattern of segregation of the economic sanction from other sanctions (jail and probation). Where defendants visibly have sufficient resources to pay, they will be fined. Where they lack such resources, they will be given probation, sent to jail for a short term, or sentenced to community service restitution. External factors affecting the choice of sanctions appear to be the condition of jail facilities and the revenue-generating expectations for the misdemeanor courts. Tabular and graphic data are provided along with 17 notes and 22 references.