Journal of Contemporary Criminal Justice current issue

Empirical Research on the Impact of Sentencing Reforms: Recent Studies of State and Federal Sentencing Innovations

Brennan, P. K., Spohn, C. — 2008-10-20

Impacts of "Three Strikes and You're Out" on Crime Trends in California and Throughout the United States

Chen, E. Y. — 2008-10-20

The impacts of Three Strikes on crime in California and throughout the United States are analyzed using cross-sectional time series analysis of state-level data from 1986 to 2005. The model measures both deterrence and incapacitation effects, controlling for preexisting crime trends and economic, demographic, and policy factors. Despite limited use outside California, the presence of a Three Strikes law appears to be associated with slightly but significantly faster rates of decline in robbery, burglary, larceny, and motor vehicle theft nationwide. Three Strikes also is associated with slower declines in murder rates. Although California's law is the broadest and most frequently used Three Strikes policy, it has not produced greater incapacitation effects on crime than other states' far more limited laws. The analyses indicate that the toughest sentencing policy is not necessarily the most effective option.

Race/Ethnicity and Sentencing Outcomes Among Drug Offenders in North Carolina

Brennan, P. K., Spohn, C. — 2008-10-20

Findings from previous studies suggest that Blacks and Hispanics are likely to receive more punitive sentences than Whites, but overall results are far from conclusive and few examinations contain analyses of Black versus Hispanic differences. In the current study, sentencing outcomes were examined for a random sample of felony drug offenders convicted during calendar year 2000 in a large urban jurisdiction in North Carolina. The analysis focused on Black—White, Hispanic—White, and Hispanic—Black differences. White offenders received less severe punishments than either Blacks or Hispanics; Hispanic offenders were particularly disadvantaged because they received harsher punishments relative to both Blacks and Whites.

The Impact of the Pennsylvania Sentencing Guidelines on Sex Differences in Sentencing

Blackwell, B. S., Holleran, D., Finn, M. A. — 2008-10-20

Although it has been argued that sentencing guidelines reduce the favorable treatment afforded female offenders, only one study has directly theoretically assessed the impact of guidelines on sentencing outcomes for men versus women. This study examines the influence of guidelines on the outcomes of male and female defendants sentenced in Pennsylvania by examining three periods, including one period during which guidelines were suspended. Results indicate that female, compared to male, offenders were less likely to be incarcerated in jail or prison and received shorter sentences in all periods; differences were not greatest when guidelines were suspended. Findings suggest that Pennsylvania's structured sentencing model has not affected the sex—sentencing relationship in that state.

The Effect of Blakely v. Washington on Upward Departures in a Sentencing Guideline State

Iannacchione, B., Ball, J. D. — 2008-10-20

The Supreme Court's decision in Blakely v. Washington was a landmark decision, ruling that juries must determine facts before judges can increase sentences above the sentencing guideline maximum—known as upward departures. Because one of the purposes of sentencing guidelines was to reduce discretion—and, thereby, unwarranted disparity—it is hypothesized extralegal factors will have less impact on upward departures after Blakely compared to before Blakely. Upward departures and their determinants were analyzed 27 months before and after Blakely, utilizing a disproportionate stratified random sample. Although the likelihood of upward departures was diminished after Blakely , extralegal factors did not incur differential effects. Both age and gender of the defendant were found to have statistically significant effects (p < .05) before and after Blakely. Although this study is only an explorative step, it is an important step to start addressing any potential effects of this landmark decision on sentencing reform efforts.

Sentencing Reforms and the War on Drugs: An Analysis of Sentence Outcomes for Narcotics Offenders Adjudicated in U.S. District Courts on the Southwest Border

Hartley, R. D. — 2008-10-20

Sentencing reforms and the war on drugs have greatly changed the landscape of federal sentencing and the composition of the federal prison population. As of 2006, 56% of federal prison inmates were incarcerated for narcotics offenses. The Sentencing Reform Act of 1984, the United States Sentencing Commission Guidelines, and mandatory minimum statutes were all enacted in an attempt to make sentences more proportional, more uniform, and less disparate. More than 35 years have passed since reform began, and still there are questions about whether unwarranted disparities have been eliminated from the system and whether punishments are more proportional and uniform. Another question that has recently surfaced is whether one unitary federal law can produce uniform sentencing practices because of variations that exist at the district level. This research analyzes the decision-making practices of judges for narcotic violations in four districts in the southwestern United States. The purpose of this study is to illustrate that even in districts that have similar types of cases and political agendas regarding narcotics offending, interdistrict variation in the factors that affect sentencing outcomes still exist.

Revisiting the Total Incarceration Variable: Should Researchers Separate Jail From Prison Sentences in Sentencing Research?

Harrington, M. P. — 2008-10-20

Recent research has examined the use of the total incarceration variable. The results of these studies have shown that the factors affecting a decision to sentence an offender to jail are different than those influencing a prison sentence. These studies have suggested that disentangling jail and prison sentences will enhance our understanding of how race influences sentence outcomes. Neither of these studies examined the sentence-length portion using the expanded definition of the total incarceration variable. The research presented here examines the validity of using the total incarceration variable and whether the same factors affect the length of a jail sentence as those affecting the length of a prison sentence. The implication for future research is discussed.