Discretion and Disparity Under Sentencing Guidelines: The Role of Departures and Structured Sentencing Alternatives*

Engen, Rodney L.; Gainey, Randy R.; Crutchfield, Robert D.; Weis, Joseph G.

doi:10.1111/j.1745-9125.2003.tb00983.x

Cited by 123 publications

(173 citation statements)

References 27 publications

(24 reference statements)

Supporting

Mentioning

150

Contrasting

Order By: Relevance

“…Engen and his colleagues (2003) concluded that race and/or ethnicity had significant yet mixed effects on upward departures. The odds that Hispanic defendants received an upward departure was 68% higher than the odds for white defendants, whereas the odds that black defendants received an upward departure was 35% lower than the odds for white defendants (Engen et al, 2003). Unlike Engen et al (2003), however, Johnson (2003) found that race positively affected upward departures.…”

Section: Research On Aggravated Sentencingmentioning

confidence: 64%

“…The odds that Hispanic defendants received an upward departure was 68% higher than the odds for white defendants, whereas the odds that black defendants received an upward departure was 35% lower than the odds for white defendants (Engen et al, 2003). Unlike Engen et al (2003), however, Johnson (2003) found that race positively affected upward departures. Johnson (2003) found that black defendants were more likely to receive an upward departure whereas Engen et al(2003) found that black defendants were less likely to receive an upward departure.…”

Section: Research On Aggravated Sentencingmentioning

confidence: 64%

“…Legal factors have a major role in whether a judge aggravates the sentence above the sentence guideline range maximum. Engen, Gainey, Crutchfield, and Weis (2003) studied aggravated sentences in the state of Washington where they found that legal variables -offense severity and prior record level -increased the odds of an upward departure. 2 In other words, defendants with a more serious offense and/or prior record are more likely to receive an aggravated sentence.…”

Section: Research On Aggravated Sentencingmentioning

confidence: 99%

See 2 more Smart Citations

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

Iannacchione

Ball

2008

Journal of Contemporary Criminal Justice

View full text Add to dashboard Cite

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.

show abstract

Section: Research On Aggravated Sentencingmentioning

confidence: 64%

Section: Research On Aggravated Sentencingmentioning

confidence: 64%

Section: Research On Aggravated Sentencingmentioning

confidence: 99%

See 1 more Smart Citation

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

Iannacchione

Ball

2008

Journal of Contemporary Criminal Justice

View full text Add to dashboard Cite

show abstract

“…Rather, it is simply an acknowledged limitation inherent to any analyses relying on official records. The same applies here as well as to any other empirical study of sentencing outcomes relying on official data (e.g., Engen, Gainey, Crutchfield, & Weis, 2003).…”

Section: Notesmentioning

confidence: 97%

Cross-Jurisdictional Disposition Variability Under Sentencing Guidelines

Kautt

Mueller‐Johnson

2009

Criminal Justice Review

View full text Add to dashboard Cite

The sentencing guidelines of different jurisdictions often have distinct objectives and approaches to sentencing. Drawing on the arguments of past research as well as focal concerns and populist punitiveness, the current research assesses whether or not differences in design and implementation of the sentencing guidelines of two systems (Pennsylvania and Oregon) influence the incarceration and sentence length decisions meted out to comparable sex offenders within these jurisdictions. The authors hypothesize that, despite having similar grid-based configurations, variations in the history and structure of these guidelines significantly influence predictors of sentencing outcomes across these jurisdictions. Using indecent assault and sexual abuse cases, this research explores how well the aforementioned orientations perform in explaining the incarceration and sentence length decisions within and across these two jurisdictions.

show abstract

“…Further studies have found that Latino offenders have significantly greater odds than nonLatino offenders of receiving an upward departure, but that African-American offenders tend to have lower odds than white offenders of receiving an upward departure, despite both AfricanAmerican and Latino offenders having significantly lower odds than white and non-Latino offenders, respectively, of receiving downward departures (Engen, Gainey, Crutchfield, Weis 2003).…”

Section: Focal Concerns and Extralegal Factors Influencing Sentencingmentioning

confidence: 99%

And Justice for All? Racial and Ethnic Disparities in Federal Drug Courts in California and the US

Chen¹,

Nomura²

2015

CJPP

View full text Add to dashboard Cite

This study uses data obtained from the United States Sentencing Commission for fiscal years 2003, 2007, and 2012 to examine racial and ethnic disparities in drug crime sentencing. The authors use linear regression to assess disparities in sentence length between African-American and white offenders and Latino and non-Latino offenders and a binary logistic regression model to assess black/white and Latino/non-Latino disparities in the odds of receiving a sentence below the range stipulated by the Federal Sentencing Guidelines.At the national level, the study found significant racial disparities that disadvantage AfricanAmerican offenders in sentence length and odds of a below-range sentence. The study observed no disparities between African-American and white offenders in California for sentence length in 2003 or 2012, or for below-range odds in any of the three years. Nationally, ethnic disparities that disadvantaged Latino offenders were found in both sentence length and odds of a belowrange sentence.In California, Latino offenders tended to receive longer sentences than others in 2003 and 2007 and had lower odds of a sentence below the guideline range in 2012. The years included in this study bracket the Supreme Court case, United States v. Booker, but we found no clear impact of the case with regard to racial or ethnic disparities in sentencing outcomes.2

show abstract

Discretion and Disparity Under Sentencing Guidelines: The Role of Departures and Structured Sentencing Alternatives*

Cited by 123 publications

References 27 publications

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

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

Cross-Jurisdictional Disposition Variability Under Sentencing Guidelines

And Justice for All? Racial and Ethnic Disparities in Federal Drug Courts in California and the US

Contact Info

Product

Resources

About