SENTENCING Overview/Review The “PSI” and “Risk Assessment” Sentencing Disparity Sentencing Guidelines Who Dictates Time Served?

Review The penalty ordered by the court after a defendant has been convicted of a crime Structures Determinate vs. Indeterminate Mandatory (mand. minimum, mand prison) Truth in Sentencing, 3-Strikes, Life W/O Parole Concurrent vs. Consecutive

Sentencing Options Secure Confinement Prison/Jail Split sentences, shock probation Intermediate Sanctions Halfway houses, boot camps, electronic monitoring Community Probation, Intensive Probation Fines, Restitution, Community Service Other “conditions of probation”

Considerations at Sentencing Presentence investigation report (PSI) Social history Current employment, family, housing status Information about current offense(s) Victim statement, police report, etc. Criminal history Sentencing recommendation Guideline score (offense-based, grids) Risk assessment Legal issue—should defendant be allowed to see the PSI? Uses beyond sentencing

Risk Assessment Actuarial prediction of the risk for reoffending History: emerged in the 1980s, became common 1n 1990s Interview and/or review of criminal file Criminal history factors Static prediction Salient factor score Dynamic Level of supervision inventory

Sentencing Guidelines Emerged as an alternative to indeterminate sentencing structures in the 1980s Conservatives and liberals both embrace Advisory vs. Presumptive United States v. Booker (2005) Grids or scales with instructions Prison/not, length of sentence Mitigating/aggravating circumstances Created by “sentencing commissions” Variation in purpose, structure, how “political”

Sentencing Disparity Legal factors Prior record Offense seriousness Extralegal factors Gender, race/ethnicity, social class Demeanor Family situation Employment Some are viewed as “legitimate,” others not…

Do Guidelines Reduce Disparity? Legal factors explain most sentencing differences Some studies find that, after controlling for legal factors, extra-legal factors still matter (but are weak predictors) Gender most common Race (sometimes) Not much sentencing disparity to reduce Studies mixed on whether they reduce disparity

Sentencing Discretion Who plays a role in a sentence? Legislature Front end / back end Probation (PSI) Prosecutor Judge Parole board/corrections official/PO Discretion Hydraulics “Indirect” sentencing by others

Reasons why guidelines may not reduce disparity Some biases are built into guidelines Crack Multiplier Prior Record Based on “past practices” Bias from other sources Discretion shifted to prosecutors Police create the “pool” of offenders

Courtroom Workgroup Judges, Defense Attorneys, Prosecutors, and Probation Officers share a set of informal norms/rules “The Going Rate” Legal Variables Relationship between victim/offender, mitigating/aggravating circumstances Prosecutor charging decisions (plea negotiations) Probation Officer PSI recommendations