U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Codifying Sentencing Experience (From Criminal Corrections Ideals and Realities, P 195-208, 1983, Jameson W Doig, ed. - See NCJ-88928)

NCJ Number
88941
Author(s)
S S Nagel
Date Published
1983
Length
14 pages
Annotation
Using the averages of previous sentences for a crime is a relatively good method for determining optimal sentences under determinate sentencing legislation.
Abstract
This deductive, commonsense approach is superior to an inductive and technical approach using a cost-benefit analysis. These two approaches are among a variety of approaches, some of which may be better than others depending on the circumstances. The main justification for an averaging approach to criminal sentencing it that is represents the collective wisdom of many decisionmakers across many cases. Those decisions rest on factual perceptions and normative values of the legislators who have written traditional sentencing laws, the judges who have imposed sentences within those statutory ranges, and parole board members and prison administrators who have the power to reduce judicially imposed sentences through early release. However, good policy analysis that considers effectiveness, efficiency, equity, and other goals is more important than a focus on methods when dealing with any specific problem. Reference notes are provided.