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Thursday, April 23, 2020 | History

2 edition of multivariate analysis of legal and extralegal factors in judicial sentencing disparity. found in the catalog.

multivariate analysis of legal and extralegal factors in judicial sentencing disparity.

John David Hewitt

multivariate analysis of legal and extralegal factors in judicial sentencing disparity.

  • 178 Want to read
  • 36 Currently reading

Published .
Written in English

    Subjects:
  • Sentences (Criminal procedure)

  • The Physical Object
    Paginationx, 183 l.
    Number of Pages183
    ID Numbers
    Open LibraryOL16758974M

      Ma Fed Public Defender Office Letter Re Sentencing After Booker Case Dec The Commission’s multivariate analyses of judicial sentencing decisions attempts to measure average differences among racial groups after controlling for some legally relevant factors, such as the presumptive sentence, departure/variance status, and other. legal and extralegal factors on charge and disposition reductions in a jurisdiction with sentencing guidelines. The extent that extralegal factors impact these outcomes is one measure of inequality in the courts. Inequality in the courts may also result from processual factors. The role of legal. Unwarranted disparity taking place at the stage of prosecution has long been an interest for sentencing researchers. Research exploring the effect of offender race on prosecutorial decisions, howev Cited by: Considering sentencing under persistent offender laws, Rodriguez examines the correlations between sentence and race and ethnicity. Her study uses sentencing data on repeat and third-strike offenders in Washington state to assess the effect of legal and extralegal variables on sentencing outcomes and the pattern of offenses committed.

    ISBN: OCLC Number: Notes: Includes indexes. Description: xiii, pages: illustrations ; 25 cm: Contents: Part I.U.S. sentencing guidelines: an overview --U.S. sentencing guidelines in perspective: a theoretical background and overview / Kay A. Knapp and Denis J. Hauptly --Part enforcement --The U.S. sentencing .


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multivariate analysis of legal and extralegal factors in judicial sentencing disparity. by John David Hewitt Download PDF EPUB FB2

This study examines sentencing decisions for older defendants, and how legal and extralegal variables differently affect older defendants. Using data from the Pennsylvania Commission on Sentencing, the results indicate that defendants above the age of 50 are less likely to be sentenced to prison and jail and are more likely to be sentenced to a community Cited by: 2.

The effect of legal and extralegal factors on felony sentence outcomes has been widely studied, typically using a total incarceration variable that defines sentence outcomes as incarceration or. This paper reports the results of an analysis of judicial disparity in the sentencing of persons represented by legal-aid lawyers.

Because the socioeconomic characteristics of legal-aid clients are fairly uniform, the analysis of such cases made it possible to explore the influence of case facts, system factors, and the judicial disparity of the Cited by: Disparity becomes unwarranted when, controlling for legal factors, extralegal factors such as race/ethnicity, gender, and age [Show full abstract] influence court processing decisions.

The variables entered into the analysis similarly fall into both the legal category (prior-offense record, severity of offense, referral for presentence investigation, pretrial detention) and the extralegal category (ethnicity, occupation, marital status, police accompaniment to trial, legal representation).Cited by:   Abstract.

This study examined the contributions of sentencer and case (legal and extralegal) factors to magistrates' sentences for drink-drivers at 2 courts. Qualitative codings of magistrates' sentencing orientations were incorporated with case factors in a multivariate statistical model of differences in fines and by: 2.

The sentencing literature is replete with studies that have examined the influence of extralegal offender characteristics on two key sentence outcomes: the imprisonment and sentence length decisions. Yet the study of other outcomes, such as the application of intermediate sanctions, is rarely addressed.

Legal and Extralegal Factors Affecting Minority Overrepresentation in Virginia’s Juvenile Justice System: A Mixed-Method Study December Child and.

This study analyzed the effects of sentencing policy on sentencing outcomes and the determinants of sentencing decisions. The authors used hierarchical modeling to examine the impact of sentencing reform on legal and individual- and county-level extralegal factors in addition to the sentencing outcomes themselves.

The Milwaukee analysis focuses on plea bargaining, because most sentences are results of plea bargains and sentencing disparities probably arise from these bargaining processes rather more than from overt.

judicial decisions. In Milwaukee, black people charged with felonies are less likely than white people to. Legal factors and extralegal factors contribute to the racial disparity. Legal factors include seriousness of the offense and prior criminal record. These are legitimate reasons for disparities because they pertain to an individual’s criminal behavior.

Extralegal factors include race, class, and gender. ratio of a specific minority in the general population with the ratio of that minority in the prison. system. While blacks comprise approximately 22% of North Carolina’s population, they.

constitute 65% of the State’s convicted felons and 63% of its prison population. The current study explores the effects of both legal and extra-legal variables on sentencing outcomes. The study uses only those offenders sentenced to incarceration, comparing the sentence length handed down by the judge.

The study examines the sentence length for 5, offenders sentenced in the calendar year in the state of : Dennis Ray. Brewster. This study sought to determine whether legal and extra-legal factors such as type and severity of offense, prior criminal history, age, A national examination of black/white disparity from Crime and Delinquency, (Online First), doi: Trying and sentencing juveniles as adults: Analysis of state transfer and blended sentencing by: 7.

Over-representation of First Nations peoples throughout criminal justice systems is an ongoing critical public policy issue. Judicial sentencing is a pivotal process, which has complex relationships with legal and extra-legal factors.

In this study, we use data of serious offences from Queensland’s lower and higher courts from to Cited by: Sentencing disparity, based on extralegal variables or other factors not directly related to the crime, is referred to as_____.

Sentencing discrimination. The most common method of carrying out the death sentence in the United States is. Hewitt, J. “A Multivariate Analysis of Legal and Extralegal Factors in Judicial Sentencing Disparity.” Ph.D.

dissertation, Washington State University, Department of Sociology. Google ScholarCited by:   Social work and criminal justice have a shared history in the United States dating back to the 19th century when their combined focus was rehabilitation. But with an increase in crime, this focus shifted to punishment and incapacitation, and a schism resulted between social work and criminal justice.

Given current mass incarceration and disparities in criminal justice, Author: Susan A. McCarter. different factors may be important in determining sentencing outcomes for women and men.

Introduction. Over 50 years ago, Otto Pollak () claimed in his book, The Criminality of Women, that female offenders were preferentially treated in the criminal justice system, as it was dominated by men and, thus, characterised by male notions of. The multivariate analyses that follow examine the effects of legal and extralegal factors on sentencing outcomes.

Analysis at The Heritage Foundation. Judicial Discretion: Legal Factors. In theory, the eyes of justice are blind as decisions and sentencing are to be based primarily on legally relevant factors. In practice, however, prosecutorial and judicial discretion and sentence outcomes tend to be influenced by non-legal or extralegal characteristics such as race, social class, and by: 8.

To most people, different treatment based on any factor that is irrelevant to the rules and purposes of sentencing-so-called "extralegal" factors, such as an offender's physical ap-pearance-is unwarranted. The most common statistical ap-proaches used to study disparity, multiple regression and.

In addition to the above analysis, logistic regression was performed to assess racial disparities controlling for all of the legal and extralegal variables within a single model. Logistic regression allows the researcher to incorporate possible predictor variables and assess their relative importance to the likelihood of receiving a particular Cited by: Problems associated with discretion are revealed in research demonstrating that extra-legal variables (e.g., gender, race/ethnicity) exert a direct effect on sentencing outcomes after accounting for legally relevant factors (e.g., offense seriousness, criminal history) (Spohn,Zatz, Cited by: 6.

In the pretrial stages, extralegal factors influencing outcome were the judicial district and the defendant's race. At the verdict stage, an extralegal factor was the victim's race.

The prosecutor exercised the greatest discretionary influence over case outcomes through charging and plea negotiations that determined whether the case went to trial.

Studying the potential disparate effect of extralegal factors on pretrial release decisions, therefore, is also relevant due to its effect on later decisions – namely, sentencing. Spohn, Gruhl, and Welch () conducted a path analysis linking charging and pretrial release decisions to sentencing decisions.

individualized sentencing, iails to provide ade-quate standards for sentencing and sufficient checks upon the exercise of judicial discretion.

It is this failure that has produced unjustified and harmful sentence disparity in the United States. THE EXTENT OF DISPARITY Sentencing statistics from the Federal BureauCited by: As revealed by Table 2, gender was the only extralegal factor that significantly impacted the sentencing specifically, female offenders tended to receive significantly less severe punishments than male offenders.

As anticipated and consistent with the literature, a number of legal factors, including one's participation status, one's attitude in criminal Cited by: 9. Jeffries30 also found that sex-based disparity at the point of sentencing is affected by gendered decision-making earlier in the judicial process which, at least to some degree, impacts on final sentence.

Results show that men's remand outcomes were more severe tha~ women's regardless of sex differences in other key factors (e. The meaning of racial disparity. The term racial disparity refers to a difference that may or may not be related to discrimination.

Criminal justice experts distinguish between legal and extralegal factors to explain racial disparities in criminal justice. Legal factors include seriousness of the offense and prior criminal record. These are. Disparity under Structured Sentencing in North Carolina: based upon legal and extralegal factors.

Statistical analysis reveals that while outcomes for offenders can be predicted by legally relevant factors (e.g., offense seriousness and criminal history), legally irrelevant certain extralegal factors (age, sex, judicial division of.

Unwarranted disparity is the variation in outcomes that can be reasonably identified as being the sole result of race or other extralegal factors (e.g., gender) after all legally mandated sentencing factors are taken into account.

This framework crystallizes the importance of rules in the empirical analysis of discretion. Thus, if an offender’s final sentencing range is months, and the offender serves 10 months in prison before the final adjudication of the sentence, the court could sentence the offender to “time served,” and the sentence would be 10 months.

A controversy within criminology involves the extent to which race affects criminal processing. Investigators on different sides of the issue have relied predominantly on studies of sentencing, leaving largely unexplored the less visible area of presentencing.

After a discussion of nine of the most prevalent shortcomings in previous research, this article critically examines Cited by:   Wide Sentencing Disparity Found Among U.S. Judges New York ranked eighth in white-collar sentencing disparity.

Some judges, like John F. Keenan and Sidney H. Stein, sentenced most of their. above other relevant factors in sentencing.

Section four examines these othe'r factors, such as nature of the offense, prior record, and community background, and notes similarly sharp differences between whites and minorities.

Presented also are the results of multivariate analysis which examines the race factor. This report presents a mutlivariate analysis of factors associated with litigation costs in a sample of recently closed civil cases.

It uses data first presented in the Center's October Preliminary Report to the Advisory Committee on Civil Rules and is based on a national case-based survey on the costs of litigation under the Federal Rules of Civil Procedure. Richards et al.

demonstrate that prior to matching, cases with female defendants appear to be significantly different than cases with male defendants across both legal and extralegal factors and that differences exist in the likelihood of receiving the death penalty based on defendants’ : Tara N.

Richards, M. Dwayne Smith. We view local courts as arenas in which two sets of sentencing standards meet—formal rational ones articulated by guidelines vs. substantive, extralegal criteria deemed relevant by local court actors.

We use statistical and qualitative data from Pennsylvania, a state whose courts have operated under sentencing guidelines for over a by:   Three types of variables have been identified as related to prosecutor decision making in the screening and settlement stages of criminal case-processing—legal, extralegal, and resource variables.

The current analysis examines the degree to which these classes of variables affect prosecutor sentence by:. Judicial Attitudes in Sentencing: A Study of the Factors Underlying the Sentencing Practices of the Criminal Court of Philadelphia, Macmillan, New York.

Google Scholar Hagan, J. ().Cited by: hypothesize that the detection of racial sentencing disparity at the aggre-gate level is a relatively recent possibility owing indirectly to changes over time in public opinion, sentencing legislation, and the incidence of inter-racial armed robbery.

We include both legal and extralegal variables in a multivariate analy. (88) The notion that defense resources would turn on extralegal or cultural factors is antithetical to these legal norms and the legitimacy of the federal criminal justice system itself, especially because the federal courts are considered a unitary legal system in which the prevailing law, processes, and standards are presumed to be common.