Justice Quarterly · 1989 · 16 citations · 11 references
LawComparative LawCriminal LawCriminal ProcedureJudicial ReviewRulemakingComparative Sentencing LawComparative Sentencing PracticesLegal StandardsSentencing EvaluationSentencing PrinciplesSentencing ProcedureConstraintsConstraints On Judicial DiscretionDiscretionary SentencingInterpretation Of Sentencing StatutesJudicial Decision-making In SentencingJudicial Discretion In SentencingJudicial Sentencing DiscretionSentencing Severity
During the past decade, several states established special commissions to develop sentencing guidelines. This article employs a simulation methodology to quantify and compare the sentencing recommendations in the first three states that promulgated guidelines. The article explores how the development of these guidelines was influenced by differences in the purposes of the sentencing reforms, in the sentencing philosophies adopted by the commissions, and in the statutory constraints placed on the commissions. Variations in these factors led to measurable differences in the degree of judicial discretion permitted by the guideline and in the overall severity of the guideline recommendations.
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Research on Sentencing: The Search for Reform
Donald J. Harris, Alfred Blumstein, Jacqueline Cohen et al. · The Journal of Criminal Law and Criminology (1973-) · 1984 · 307 citations
Law, Criminal Law, Criminology +9
Criminal Sentences: Law without Order
Peter W. Low, Marvin Frankel · Harvard Law Review · 1974 · 252 citations
Law, Criminal Law, Jurisprudence +7
Research on sentencing: The search for reform
Journal of Criminal Justice · 1984 · 214 citations
Law, Criminal Law, Criminology +9
Doing Justice: The Choice of Punishments
Ira P. Robbins, Andrew von Hirsch · Columbia Law Review · 1977 · 196 citations
Law, Criminal Law, Criminology +7