Sentencing Reform Proposals in Ohio

Rauschenberg, Fritz

doi:10.2307/20639667

Cited by 2 publications

(2 citation statements)

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“…Stability over time in most of the extralegal effects could reflect a fair amount of judicial discretion under Ohio's guidelines due to broad sentence ranges and a template that reflects the average sentences distributed by judges under the state's previous scheme (Rauschenberg, 1993). Miethe (1987) observed that guidelines may have little effect on extralegal disparities when they are derived from average sentences distributed in the past because there is no reason to think that judges will want to suddenly deviate from the sentences that they previously distributed.…”

Section: Discussionmentioning

confidence: 99%

Sex-Based Disparities in Felony Dispositions Before Versus After Sentencing Reform in Ohio

2006

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Extending Koons‐Witt's (2002) study of whether sex‐based disparities in imprisonment likelihoods changed under sentencing guidelines in Minnesota, we examined similar models for Ohio with additional analyses of felony conviction likelihoods and sentence length for 5,472 felony defendants from twenty‐four trial courts. The main effects of a defendant's sex on imprisonment were significant during both periods (unlike the Minnesota findings), consistent with a chivalry perspective. Random coefficient models revealed that these effects were similar across the twenty‐four jurisdictions. Analyses also revealed significant postguideline reductions in sentence length disparities based on a woman's race and number of dependent children, yet increased disparities in imprisonment likelihoods postguidelines based on a woman's race and whether she was convicted on drug charges. These and other findings are discussed in the context of the Ohio legislature's implementation of a sentencing scheme that retains considerably more judicial discretion relative to Minnesota's template.

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Section: Discussionmentioning

confidence: 99%

Sex-Based Disparities in Felony Dispositions Before Versus After Sentencing Reform in Ohio

2006

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“…Tasked with developing a felony sentencing scheme that \\server05\productn\C\CPP\8-2\CPP202.txt unknown Seq: 5 5-JUN-09 11:51 would effectively deal with these issues, including the overrepresentation of African Americans in Ohio prisons, the OCSC rejected adoption of the matrix-style grid used by the federal government and some other states and instead formulated a determinate system based on presumptions, judicial discretion, and truth in sentencing. OCSC members believed that the more flexible scheme was a more just means, relative to a matrix-style grid for addressing the issues noted above (Rauschenberg, 1993). The term "presumptive guidelines" in Ohio reflects the idea that judges are "guided" in the decision to send a convicted defendant to prison and on the length of imprisonment based (primarily) on the offenses, the felony levels of those offenses, and prior record.…”

Section: The Feasibility Of Reducing Extralegal Disparities With Presmentioning

confidence: 99%

Short‐ versus long‐term effects of Ohio's switch to more structured sentencing on extralegal disparities in prison sentences in an urban court*

Wooldredge

2009

Criminology & Public Policy

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Research Summary The impact of Ohio's presumptive guidelines on sentencing disparities was examined for one of the state's largest jurisdictions to determine whether the switch to more structured sentencing in 1996 had any enduring effects. Sentencing patterns were examined both before and shortly after the 1996 reform, as well as 9 years later. Findings revealed weaker race and marital status effects on imprisonment under guidelines versus stronger age effects, no changes in disparities based on a defendant's sex and means of support, and (virtually) no changes in the magnitude of legally relevant effects. Policy Implications Ohio's guidelines are more flexible relative to other guideline schemes, possibly accounting for the general stability in effects across regimes. Ohio has since transitioned to voluntary guidelines, which raised concerns that the change will yield higher levels of sentencing disparities. Findings suggest that the transition may coincide with no changes in legal effects, yet with greater disparities based on a defendant's race and marital status.

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Sentencing Reform Proposals in Ohio

Cited by 2 publications

References 0 publications

Sex-Based Disparities in Felony Dispositions Before Versus After Sentencing Reform in Ohio

Sex-Based Disparities in Felony Dispositions Before Versus After Sentencing Reform in Ohio

Short‐ versus long‐term effects of Ohio's switch to more structured sentencing on extralegal disparities in prison sentences in an urban court*

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