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

Power of Diversion: Intermediate Sanctions and Sentencing Disparity Under Presumptive Guidelines

NCJ Number
239684
Journal
Criminology Volume: 50 Issue: 3 Dated: August 2012 Pages: 811-850
Author(s)
Brian D. Johnson; Stephanie M. Dipietro
Date Published
August 2012
Length
40 pages
Annotation
This study investigates little-researched questions regarding the use of sentencing alternatives among offenders and across contexts.
Abstract
Fiscal constraints and shifting political climates in corrections have recently led to a renewed interest in intermediate punishments. Despite their growing prevalence, though, relatively little empirical research has examined the judicial use of alternative sanctions as a sentencing option. By using 3 years of data from the Pennsylvania Commission on Sentencing (PCS), this study investigates little-researched questions regarding the use of sentencing alternatives among offenders and across contexts. Results indicate that male and minority offenders are the least likely to receive intermediate sanctions, both as a diversionary jail or prison sentence and as a substitute for probation. The probability of receiving an intermediate sanction also varies significantly across judges and court contexts and is related to county-level funding for these programs, among other factors. Findings are discussed as they relate to contemporary theoretical perspectives on the perceived suitability of intermediate punishments and on the unique role that offender agency plays in the sentencing of these cases. Directions for future research are discussed. Published by arrangement with John Wiley & Sons.