CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Monday, May 26, 2008

Study: Sentencing guidelines ease discrimination

RICHMOND, Va. - State sentencing guidelines virtually erase discrimination in criminal punishments, regardless of how much judges are allowed to deviate from recommended prison terms, according to a study released Thursday.

The National Center for State Courts examined significantly different guidelines in three states: Virginia, where the guidelines are voluntary; Michigan, which offers some judicial discretion and Minnesota, which has the most mandatory system of the three.

The study concluded that the guidelines in each of those states result in consistent sentences that generally are not influenced by race and economic status. Wiping out racial discrimination was the major goal of a sentencing guidelines movement that began in the 1970s.

"These findings stand in marked contrast to the inconsistent and discriminatory sentencing practices documented in all three states prior to the implementation of guidelines," the researchers wrote.

The study was released at a National Governors Association retreat on sentencing and prison issues in Jacksonville, Fla.

At least 20 states and the District of Columbia use guidelines that consider the nature of the offense and the defendant's criminal history. Minnesota, Michigan and Virginia were studied because their guidelines allow varying degrees of judicial discretion.

"No matter what form the guidelines took, they seemed to eliminate any measurable discrimination," Michigan State University political science professor Charles W. Ostrom, one of the report's four authors, said in a telephone interview.

He said that finding was particularly surprising in Virginia.

"The voluntary nature of the Virginia guidelines do not preclude it from having real positive effects," Ostrom said. "We thought it would not compare favorably to Michigan and Minnesota."

Isabel Gomez, executive director of the Minnesota Sentencing Commission, said she had not seen the report but was pleased with its results. She blamed the overrepresentation of blacks in her state's prisons on social factors. [Mark Godsey]

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Although I'm all for eradication of discrimination in sentencing, why is it that the concern focusses on race, when the most widespread form of discrimination remains access, or lack thereof? Try breaking down the numbers on how many poor people go to prison, on what charges, and for how long, as opposed to their wealthier counterparts, who can and do sustain savvier legal counsel, media coverage, and the wealth of entree that money affords.

Posted by: Tosh Dawson | Jul 28, 2008 6:33:10 PM

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