DISCRETION IN FELONY SENTENCING - A STUDY OF INFLUENCING FACTORS

• NCJ Number: 10997
• Journal: Washington Law Review Volume: 48 Issue: 4 Dated: (1973) Pages: 857-889
• Author(s): B L JOHNSTON; N P MILLER
• Date Published: 1973
• Length: 33 pages
• Corporate Author: University of Washington
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

STUDY BY THE WASHINGTON STATE SUPERIOR COURT JUDGES' ASSOCIATION FOCUSED ON RESOLVING HYPOTHETICAL CASES AND WEIGHTING DEFENDANT BACKGROUND VARIABLES.

Abstract

UTILIZING THE DATA FROM THE STUDY, SIGNIFICANT FACTORS USED IN JUDICIAL SENTENCING DECISIONS ARE ISOLATED, AND THEIR RELATIVE IMPORTANCE CALCULATED. THE RESULTS INDICATE THAT DISCRETIONARY SENTENCING OFTEN REFLECTS SYSTEMATIC RACIAL AND SOCIAL BIASES UNRELATED TO THE CULPABILITY OF THE OFFENDER, HIS BACKGROUND, OR THE CIRCUMSTANCES OF THE CRIME. FACTORS SEEN AS PLAYING AN IMPORTANT ROLE IN INFLUENCING THE SENTENCING JUDGES'S DECISION ARE THE RACE OF THE DEFENDANT, THE JUDGE'S EDUCATIONAL BACKGROUND, THE LENGTH OF TIME THE JUDGE HAD BEEN A LAWYER AND HAD SERVED ON THE BENCH, THE NUMBER OF FELONY ARRESTS THE DEFENDANT HAD EXPERIENCED, THE ATTITUDE OF THE DEFENDANT AS PERCEIVED BY THE JUDGE, AND THE JUDGES PERSONAL PHILOSOPHY REGARDING PROBATION OFFICER AND DEFENSE ATTORNEY RECOMMENDATIONS.