By Nancy Rodriguez
Contemplating sentencing lower than continual criminal legislation, Rodriguez examines the correlations among sentence and race and ethnicity. Her examine makes use of sentencing facts on repeat and third-strike offenders in Washington nation to evaluate the impression of felony and extralegal variables on sentencing results and the trend of offenses devoted. furthermore, interviews with prosecutors and safeguard lawyers during the kingdom offer contextual info at the affects of the legislations. Rodriguez unearths that racial disparity is constrained to express offense varieties and mitigated through different criminal variables.
Read or Download Persistent Offender Law: Racial Disparity, Patterned Offenses, and Unintended Effects (Criminal Justice (Lfb Scholarly Publishing Llc).) PDF
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Extra resources for Persistent Offender Law: Racial Disparity, Patterned Offenses, and Unintended Effects (Criminal Justice (Lfb Scholarly Publishing Llc).)
The dependent variables include Total Sentence Received, Murder Sentence Received, Robbery Sentence Received, Firearm Sentence Received, Assault Sentence Received, Theft Sentence Received, Drug Sentence Received, and Residential Burglary Sentence Received, all of which are measured in months. In order to measure the amount by which sentences deviate or depart from guidelines, three ratios were utilized. 5 This dependent variable will be referred to as the Overall Sentence Departure. Thus, the ratio captures all departures, overall, above and below guideline provisions.
Research Question 1b. Will race/ethnicity have a significant effect on the sentencing of murder, robbery, and firearm cases? 36 Persistent Offender Law Research Question 1c. Will race/ethnicity have a significant effect on the sentencing of assault, theft, drug, and residential burglary cases? Previous research has attempted to explore unwarranted sentence disparity under sentencing guidelines. For example, Moore and Miethe (1986) found that black defendants in Minnesota were less likely to receive departures below sentencing guidelines.
Predictions of such low validity as thus far demonstrated cannot justify the policy changes proposed under the banner of selective incapacitation (Gottfredson and Gottfredson, 1993: 10). , bail setting, detention, time to trial, type of trial, plea negotiations, and jail and prison population levels). Criminal justice officials and practitioners often exercise their considerable discretion to avoid the application of laws they consider unduly harsh. Arrest rates for target crimes typically decline soon after mandatory sentencing laws take effect.