Combines quantitative and qualitative data in a careful investigation of sentencing processes and context under Pennsylvania's sentencing guidelines.

Combines quantitative and qualitative data in a careful investigation of sentencing processes and context under Pennsylvania's sentencing guidelines.

Sentencing guidelines, adopted by many states in recent decades, are intended to eliminate the impact of bias based on factors ranging from a criminal?s ethnicity or gender to the county in which he or she was convicted. But have these guidelines achieved their goal of ?fair punishment?? And how do the concerns of local courts shape sentencing under guidelines? In this comprehensive examination of the development, reform, and application of sentencing guidelines in one of the first states to employ them, John Kramer and Jeffery Ulmer offer a nuanced analysis of the complexities involved in administering justice.

The prison is a recent invention, hardly more than two centuries old, yet it has become the universal system of punishment. How can we understand the place that the correctional system occupies in contemporary societies? What are the experiences of those who are incarcerated as well as those who work there? To answer these questions, Didier Fassin conducted a four-year-long study in a French short-stay prison, following inmates from their trial to their release. He shows how the widespread use of imprisonment has reinforced social and racial inequalities and how advances in civil rights clash with the rationales and practices used to maintain security and order. He also analyzes the concerns and compromises of the correctional staff, the hardships and resistance of the inmates, and the ways in which life on the inside intersects with life on the outside. In the end, the carceral condition appears to be irreducible to other forms of penalty both because of the chain of privations it entails and because of the experience of meaninglessness it comprises. Examined through ethnographic lenses, prison worlds are thus both a reflection of society and its mirror. At a time when many countries have begun to realize the impasse of mass incarceration and question the consequences of the punitive turn, this book will provide empirical and theoretical tools to reflect on the meaning of punishment in contemporary societies.

The Contours of Justice provides a framework for describing and understanding criminal courts throughout the United States by depicting the functions of criminal courts in nine middle-sized counties in three states. It integrates concepts from each of the three traditional theoretical approaches to court analysis: the individual, organizational, and environmental approaches. The authors approach the courts as communities composed of judges, prosecutors, and defense attorneys rather than as "legal institutions" applying formal law. They analyze the differences in culture, technology, physical setting, the customary ways of arriving at guilty pleas, as well as other aspects of the courts. The authors also incorporate information about the political and economic characteristics of the communities that the courts serve, along with the basic functions of scheduling cases and assigning personnel to cases. The portraits of the nine courts present the day-to-day activities of judges, prosecutors, and defense attorneys that lead to the decisions about the fates of the defendants brought to the courts. This comparison not only provides a vivid picture of actual court function, but allows an assessment of the process that leads to ideas for reform.

Many states and the federal system have embraced sentencing guidelines as a mechanism of sentencing reform. This book draws from interactionist theories of organizations, and James Eisenstein's depiction of courts as communities, to frame an investigation of sentencing disparity, case processing, and organizational relations under Pennsylvania's sentencing guidelines. The author provides a statistical analysis of statewide sentencing outcomes and a comparative statistical and ethnographic analysis of three different-sized county courts. The statistical data show that the major influences on sentencing are legally prescribed ones, but that factors such as conviction by trial, race and gender, and court size are also significant. Ethnographic data illuminate processes behind the statistics by connecting court organizational contexts to case processing strategies, and these strategies to sentencing outcomes. The book concludes with twelve general propositions for future research, discussing possibilities and limitations of sentencing guidelines, and addressing broader issues in the sociology of crime, law, and organizations.

Handbook on Punishment Decisions: Locations of Disparity provides a comprehensive assessment of the current knowledge on sites of disparity in punishment decision-making. This collection of essays and reports of original research defines disparity broadly to include the intersection of race/ethnicity, gender, age, citizenship/immigration status, and socioeconomic status, and it examines dimensions such as how pretrial or guilty plea processes shape exposure to punishment, how different types of sentencing decisions and/or policy structures (sentencing guidelines, mandatory minimums, risk assessment tools) might shape and condition disparity, and how post-sentencing decisions involving probation and parole contribute to inequalities. The sixteen contributions pull together what we know and what we don’t about punishment decision-making and plow new ground for further advances in the field. The ASC Division on Corrections & Sentencing Handbook Series publishes volumes on topics ranging from violence risk assessment to specialty courts for drug users, veterans, or people with mental illness. Each thematic volume focuses on a single topical issue that intersects with corrections and sentencing research.

The prison is a recent invention, hardly more than two centuries old, yet it has become the universal system of punishment. How can we understand the place that the correctional system occupies in contemporary societies? What are the experiences of those who are incarcerated as well as those who work there? To answer these questions, Didier Fassin conducted a four-year-long study in a French short-stay prison, following inmates from their trial to their release. He shows how the widespread use of imprisonment has reinforced social and racial inequalities and how advances in civil rights clash with the rationales and practices used to maintain security and order. He also analyzes the concerns and compromises of the correctional staff, the hardships and resistance of the inmates, and the ways in which life on the inside intersects with life on the outside. In the end, the carceral condition appears to be irreducible to other forms of penalty both because of the chain of privations it entails and because of the experience of meaninglessness it comprises. Examined through ethnographic lenses, prison worlds are thus both a reflection of society and its mirror. At a time when many countries have begun to realize the impasse of mass incarceration and question the consequences of the punitive turn, this book will provide empirical and theoretical tools to reflect on the meaning of punishment in contemporary societies.

The appropriate amount of punishment for a given crime is an issue that has been debated by scholars, philosophers and legal professionals since the beginning of civilizations. This book seeks to address this issue in all of its complexity by providing a comprehensive overview of the sentencing process in the United States. The book begins by discussing the overall concept of punishment and then proceeds to dissect individual aspects of punishment. Topics include: the sentencing process; responsibility of the judge; disparity and discrimination in sentencing; and sentencing reform. This book is an ideal text for introductory courses on the judicial system, criminal law, law and society. It can be an essential resource to help students understand patterns in the wide discretion and latitude given to judges when determining punishments within the framework of the United States judicial system.

This research monograph provides a comparative analysis of juvenile court outcomes, exploring the influence of contextual factors on juvenile punishment across systems and communities. In doing so, it investigates whether, how, and to what extent macro-social context influences variation in juvenile punishment. The contextual hypotheses under investigation evaluate three prominent macro-sociall theoretical approaches: the conflict-oriented perspective of community threat, the consensus-oriented perspective of social disorganization, and the organizational perspective of the political economy of the juvenile court. Using multilevel modeling techniques, the study investigates these macro-social influences on juvenile justice outcomes across nearly 500 counties in seven states—Alabama, Connecticut, Missouri, Oregon, South Carolina, Texas, and Utah. Findings suggest that the contextual indicators under investigation did not explain variation in juvenile court punishment across communities and systems, and the study proposes several implications for future research and policy. This monograph is essential reading for scholars of juvenile justice system impact and reform as well as practitioners engaged in youth policy and juvenile justice work. It is unique in taking a comparative perspective that acknowledges that there is no one juvenile justice system in the United States, but many such systems.