Forecasting the impact of the federal sentencing guidelines

The Sentencing Reform Act of 1984, which created the U.S. Sentencing Commission, required that the commisson consider prison capacity in drafting sentencing guidelines. As part of the commission's efforts to meet this requirement, we developed a computer simulation capable of projecting the impact of the commission's guidelines on future sentences and prison populations. According to our projections, “straight” probation sentences will be reduced significantly under the guidelines. However, reducing the use of probation will generate only modest demands on the prisons, and then mostly for community corrections phased in over the course of 5 years. We also project that, while average time served for violent offenses will increase substantially, average time served for most property crimes will remain largely the same. Finally, while we forecast that federal prison populations will grow markedly by the end of this century, this is more a result of the Anti-Drug Abuse Act of 1986 and the career offender provision of the Comprehensive Crime Control Act of 1984 than a result of the guidelines.     

Examining Predictors Which May Influence Sentencing Outcomes for Individuals Convicted of Offenses against Children: A Brief Report

Numerous studies examine sentencing decisions, yet little attention has been given to sentencing of child maltreatment and, more specifically, on variables that could impact sentencing outcomes for this form of criminality. Using Pennsylvania Sentencing Data for 2006, this research adds to the existing sentencing research by exploring predictors that might influence sentencing decisions for individuals convicted of crimes against children. The findings indicate that offender sex significantly affects the sentencing decision and offender age significantly affects sentencing length. In addition, all offense characteristics significantly influence the sentencing length decision. Implication of these results and directions for future research are discussed.     

Sentencing Under Uncertainty: Anchoring Effects in the Courtroom1

Research on juridical decision making has demonstrated that largely disparate sentences are often given for identical crimes. This may be the case because judges' sentencing decisions are influenced by a recommended or demanded sentence. Building on research on judgmental anchoring (Tversky & Kahneman, 1974), the present investigation examines whether a sentencing demand has a direct influence on a given sentence. Using criminal trial judges as participants, Study 1 demonstrates that such a direct influence does, in fact, exist. Sentencing decisions are assimilated to the sentence demanded by the prosecutor. Study 2 further reveals that this influence is independent of the perceived relevance of the sentencing demand. Study 3 demonstrates that this influence is also independent of judges' experience.     

Inmates' perceptions of determinate and indeterminate sentences

The movement to replace indeterminate with determinate sentencing is among the most important recent developments in the criminal justice field. While the views of citizens and scholars on the subject have been widely promulgated, little is known about those of the ultimate “consumers” of sentencing reform, namely, inmates. This article examines the views of a systematic sample of inmates in a maximum security institution in Massachusetts. Subjects' opinions were sought on the relative merits of the two typs of sentencing, and possible behavioral and deterrent effects of a proposed switch to determinate sentencing. More inmates were found to be either opposed to or undecided about than in favor of determinate sentencing.     

Nature,nurture, and capital punishment: How evidence of a genetic–environment interaction,future dangerousness,and deliberation affect sentencing decisions

Research has shown that the low‐activity MAOA genotype in conjunction with a history of childhood maltreatment increases the likelihood of violent behaviors. This genetic–environment (G × E) interaction has been introduced as mitigation during the sentencing phase of capital trials, yet there is scant data on its effectiveness. This study addressed that issue. In a factorial design that varied mitigating evidence offered by the defense [environmental (i.e., childhood maltreatment), genetic, G × E, or none] and the likelihood of the defendant's future dangerousness (low or high), 600 mock jurors read sentencing phase evidence in a capital murder trial, rendered individual verdicts, and half deliberated as members of a jury to decide a sentence of death or life imprisonment. The G × E evidence had little mitigating effect on sentencing preferences: participants who received the G × E evidence were no less likely to sentence the defendant to death than those who received evidence of childhood maltreatment or a control group that received neither genetic nor maltreatment evidence. Participants with evidence of a G × E interaction were more likely to sentence the defendant to death when there was a high risk of future dangerousness than when there was a low risk. Sentencing preferences were more lenient after deliberation than before. We discuss limitations and future directions.     

The conscience and convenience of sentencing reform in Indiana

Over the course of the past decade and a half, enormous energy and talent have been devoted to the issue of determinate sentencing. Yet today we know little about the values underlying this reform, and we know even less about the efficacy of determinate sentencing as a crime control policy. This article considers these issues in Indiana 10 years after the renovation of the state's Penal Code. Through a survey of state legislators, an examination of law, official statistics, and personal interview data, the analysis endeavors to understand the ideologies, pragmatics, and impacts of sentencing reform. It is suggested that the implementation of determinate sentencing represents a corruption of both good intentions (“conscience)” and policy objectives. Parenthetically, the article argues that the constructs known as the crime control model and the justice model both constitute a case of arid scholasticism. That is, sentencing reform can be more fully understood in terms of organizational “convenience”.     

Risk assessment savvy: The imperative of appreciating accuracy and outcome

This article focuses on two aspects of actuarial risk at sentencing, the accuracy of the instrument and the outcome it predicts. For theoretical reasons rooted in the cognitive decision-making and sentencing literature, there is a danger that judges and other practitioners might come to overly rely on a “high risk” label or designation without appreciating the accuracy of the prediction or the actual outcome being predicted. Using sentencing and recidivism data from Pennsylvania (n = 10,000), two simple risk instruments are constructed to illustrate the critical importance of understanding accuracy and outcome before relying on the risk tool information.     

Lange Freiheitsstrafen in Europa

This paper gives an overview of rationales for and statistical data on long-term imprisonment in Europe. Sentencing theories (deterrence, reaffirmation of legal and social norms, rehabilitation, incapacitation, retribution) as well as the role of the Council of Europe in sentencing and prison matters are briefly presented. This is followed by an analysis of the development of prison populations in particular European countries with special respect to long-term imprisonment.     

EXCLUSION AND REGULATED INCLUSION

This article examines the ways in which the Sikh kirpan has been imagined and re-imagined by the Canadian state, as a signifier of exclusion from the public sphere, and regulated inclusion within the public sphere. The focus on Sikh cultural and religious practices provides a way to examine recent cases of an ethno-racial group that has long-tested and challenged the boundaries of multicultural accommodation in Canada. Through a critical race lens, I examine the 2006 Multani v. Commission scolaire Marguerite-Bourgeoys Supreme Court decision to permit kirpans in schools, and the 2011 ban of the kirpan by the Quebec legislature, in order to identify the function of kirpan debates for Canadian nation-building. In particular, I contend, kirpan debates in Canada serve to re-perform the myth of multiculturalism and the legitimacy of settler-colonialism, secure white hegemonies, and consolidate cultural and gender norms. To counter these hegemonies of power, I conclude by signaling a political praxis that can potentially complement the democratic impulse of inclusion while also countering the hegemonic effects of regulated inclusion, one that is grounded in a politics of disruption.     

Victim Impact Testimony and Juror Judgments: The Effects of Harm Information and Witness Demeanor1

Victim impact testimony (i.e., testimony concerning the harmful consequences on the victim's surviving family) was examined to determine its effect on the sentencing judgments of mock jurors. Undergraduate students (N= 293) watched a videotaped murder trial simulation, rendered verdicts, and made sentencing judgments. During the penalty phase of the trial, participants were either given no victim impact testimony, or they were given victim impact testimony that varied both the severity of the harm information (mild harm/ severe harm) and the demeanor of the witness (low affect/high affect). The results indicate that information concerning the harm experienced by the victim's relatives, not the affective demeanor of the witness, influenced sentencing judgments. Implications for the U.S. Supreme Court decision in Payne v. Tennessee (1991) are discussed.     

The historical foundations of the research-practice distinction in bioethics

The distinction between clinical research and clinical practice directs how we partition medicine and biomedical science. Reasons for a sharp distinction date historically to the work of the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, especially to its analysis of the “boundaries” between research and practice in the Belmont Report (1978). Belmont presents a segregation model of the research-practice distinction, according to which research and practice form conceptually exclusive sets of activities and interventions. This model is still the standard in federal regulations today. However, the Commission’s deliberations and conclusions about the boundaries are more complicated, nuanced, and instructive than has generally been appreciated. The National Commission did not conclude that practice needs no oversight comparable to the regulation of research. It debated the matter and inclined to the view that the oversight of practice needed to be upgraded, though the Commission stopped short of proposing new regulations for its oversight, largely for prudential political reasons.     

Better communication between engineers and managers

This article is concerned with ways better communication between engineers and their managers might help prevent engineers being faced with some of the ethical problems that make up the typical course in engineering ethics. Beginning with observations concerning the Challenger disaster, the article moves on to report results of empirical research on the way technical communication breaks down, or doesn’t break down, between engineers and managers. The article concludes with nine recommendations for organizational change to help prevent communications breakdown. The author holds a National Science Foundation grant to integrate ethics into technical courses. Among his recent publications are: To Make the Punishment Fit the Crime (Westview, 1992), AIDS: Crisis in Professional Ethics (Temple, 1994), and Justice in the Shadow of Death (Rowman and Littlefield, 1996).     

The Sentencing/Punishment of Federal Environmental/Green Criminal Offenders, 2000–2013

While much has been written about the purpose of environmental sentencing, little research summarizes the actual sentencing of environmental offenders, forcing criminologists to generalize about environmental sentencing patterns. This study helps fill that gap by examining federal environmental sentences across 22 environmental statutes from 2000 through 2013. The analysis examines case distributions and mean sentences received by individuals (N = 420) and corporations (N = 161) across 337 criminal cases. Key findings: few cases go to trial; a handful of corporate cases significantly affect mean fine amounts; compared to earlier studies, fewer individual received sentences that involve incarceration, but those sentences are now longer.     

The Anglican Covenant proposed by the Lambeth Commission 1

Abstract

The Lambeth Commission (2004) proposed a number of short-term and long-term solutions to issues raised by recent and highly controversial developments in the Episcopal Church (USA) and the diocese of New Westminster (Canada). From these events have emerged important questions about the nature of communion between, and the autonomy of, each of the 44 member churches of the Anglican Communion, and the way in which decisions of common concern are made. In order to consolidate this communion, as a long-term project, the Commission proposes the adoption of an Anglican Covenant by all 44 churches of the Communion. This article describes the terms of the proposed Covenant and identifies their provenance, in order to establish that the proposal is for the most part a restatement of classical Anglicanism. Only in serious cases of disagreement which substantially risk the unity of the Communion is the proposal innovative. The article also describes briefly reactions to and possible implementation of the proposed Covenant.     

Some Issues with ‘Some Issues in Human Sexuality’

Abstract

In December 2003 the House of Bishops' Group on Issues in Human Sexuality published their ‘discussion document’, Some Issues in Human Sexuality: A Guide to the Debate (London: Church House Publishing, 2003). The document is a guide to the theological debate on questions that have arisen in response to the 1991 House of Bishops report, Issues in Human Sexuality (see p. ix). This article is a contribution to the discussion. I first question whether the document is a ‘guide’ and whether the quarrels between Anglicans are best designated a ‘debate’. Then within the limits of a single article I illustrate from the first three chapters grave problems of omission, of biblical interpretation, and of ethical development.     

Recognition of context and experience: a civic-based Canadian conception of religious literacy

ABSTRACT

Several conceptions of religious literacy exist globally and are informed by the contextual nuances of the scholars who developed them in the UK, US and Australia. As five Canadian scholar-educators across British Columbia, Alberta, Ontario and Quebec, we analyse the well-known religious literacy conceptions of Jackson, Nesbitt, Dinham, Moore and Crisp through a framework based on the recognition of context and experience. In doing so, we propose a Canadian-specific conception that considers the contextual nuances in these four provinces and relates to Canada as a nation and the individual experiences of each author, and recognises the diversity across Canada. We posit that our conception addresses the social and political dynamics and shifts in Canada, namely the changing demography of religious, spiritual and non-religious individuals and the response to the Truth and Reconciliation Commission report that calls Canadians and its institutions to respond to the wrong towards First Nations, Metis and Inuit people.     

Canada 2001: Alternative futures for the Canadian communities

The global “problématique humaine” is described in terms of the “grand issues” of population, resources, development in the rich and poor countries, and the environment. Three competing paradigms about the future and their implications for the Canadian communities are examined, and a model is offered showing interrelationships between the different Canadian communities, organizational levels, and various societal/environmental activities. A comprehensive programme of future‐oriented studies is proposed.

This article is a shortened version of a monograph to appear as one of a series entitled Queen's Studies of the Future of the Canadian Communities, published by the Institute of Intergovernmental Relations, Queen's University, Kingston, Ontario. The research was funded by the Donner Canadian Foundation.     

Guidelines are not enough: The need for written sentencing opinions

Guideline sentencing systems, including the new federal guidelines, have not settled on a clear conception of when and how a trial judge should explain sentences. Indeterminate sentencing systems did not have a tradition of written sentencing decisions and recent sentencing reforms do not focus on the trial judge's role. This article suggests the many advantages of written sentencing opinions. Initial experience under the federal sentencing guidelines bolsters the conclusion that written sentencing opinions in appropriate cases—including both sentences “within” guidelines and guideline “departures”—are the next step in the evolving law of sentencing and the best way to recognize trial judges as an essential engine of principled change.     

The Relation of Exposure to Parental Criminal Activity,Arrest, and Sentencing to Children’s Maladjustment

We examined the psychosocial maladjustment of 32 children with an incarcerated parent from the child’s perspective as well as from the perspective of their caregiver. We focused on the relation between the incarcerated parent’s report of children’s exposure to parental criminal activity, arrest, and sentencing and caregivers’ and children’s self-reports of maladjustment. Results indicate that witnessing these events is associated with more behavior problems according to caregivers’ and children’s self-reports. Moreover, incarcerated parents’ reports of children’s exposure to these events predicted caregivers’ and children’s reports of maladjustment over a 6 month period. Our results also suggest that children with incarcerated mothers, in comparison to children with incarcerated fathers, are exposed to more of these events and may be experiencing greater maladjustment. Implications of these findings are discussed within a proactive context and the use of procedures that take children’s reactions to witnessing parental arrest and sentencing into consideration.