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Roger K. Warren
Arming the Courts with Research: Ten Evidence-Based Sentencing Initiatives to Control Crime and Reduce Costs.
(May 2009).
The 10 strategies outlined in this brief are adapted from a longer paper by Roger Warren that was originally published in a special 2007 issue of the Indiana Law Journal, entitled “Evidence-Based Practices and State Sentencing Policy: Ten Policy Initiatives to Reduce Recidivism."
Pruning Prisons: How Cutting Corrections Can Save Money and Protect Public Safety.
(May 2009).
This policy brief advocates for the use of alternatives to confinemnt to curb the $50 billion annual correctional bill.
The Costs of Confinement: Why Good juvenile Justice Policies Make Good Fiscal Sense.
(May 2009).
This policy brief details how states can see a net reduction in costs associated with juvenile corrections by using more community based alternatives.
Smith, Gordon H.
US Senate Bill 1287, Offset of State Judicial Debts Against Income Tax Refunds.
(May 2007).
This bill along with House Bill 6172 would allow state courts to intercept federal income tax refunds to cover fines, court costs, restitution and other financial penalties associated with criminal convictions. This legislation is pending as of 10/13/08.
Rosenthal, Alan and Martha Weissman
Sentencing for Dollars: The Financial Consequences of a Criminal Conviction.
(February 2007).
The financial penalties imposed, directly or indirectly, as a result of a criminal conviction, are among the least considered or analyzed of the collateral consequences. Driven by a combination of philosophical purposes – punishment, reparation, cost recovery, revenue production and cost shifting ; local governments, states and the federal government have come to impose a vast array of fines, fees, costs, penalties, surcharges, forfeitures, assessments reimbursements and restitutions that are levied against people convicted of criminal offenses.
Stemen, Don
Reconsidering Incarceration: New Directions for Reducing Crime.
(January 2007).
Current research on the relationship between incarceration and crime provides confusing and even contradictory guidance for policymakers. The most sophisticated analyses generally agree that increased incarceration rates have some effect on reducing crime, but the scope of that impact is limited: a 10 percent increase in incarceration is associated with a 2 to 4 percent drop in crime.
Warren, Roger K.
Evidence-Based Practice to Reduce Recidivism.
(2007).
This article reviews specific evidence based practices that are proven to reduce recidivism.
A Statement Regarding Utah`s Indeterminate Sentencing System.
(September 2006).
This is a position statement from the Utah Sentencing Commission justifying their use of indeterminate sentencing.
After Prison: Roadblocks to Reentry.
(2004).
This report summarizes the findings of an exhaustive two-year study by the Legal Action Center (LAC) of the legal obstacles that people with criminal records face when they attempt to reenter society and become productive, law-abiding citizens. Our research found that people with criminal records seeking reentry face a daunting array of counterproductive debilitating and unreasonable roadblocks in almost every important aspect of life.
Ayers, Christopher, et al.
Issues in Maryland Sentencing- Sentencing Policy and Pragmatism: Executive Summary.
(December 2001).
The research findings presented in this paper represent a thorough survey of information concerning state level sentencing policies and practices. The current investigation looked not only at states that use voluntary guideline systems similar to Maryland, but also jurisdictions that practice indeterminate sentencing, have presumptive guidelines, or utilize a mandatory system. We compare these different systems to gain understanding of the impacts of structured sentencing in terms of Maryland goals.
Lubitz, Robin L., and Thomas W. Ross.
Sentencing Guidelines: Reflections on the Future.
Washington, DC: U.S. Dept. of Justice, Office of Justice Programs, National Institute of Justice (2001).
This article address the success of sentencing guidelines on criminal sentencing. The authors note that the legislating of sentencing guidelines have bipartisan support and are accepted by most as ideologically neutral. While the authors believe that the institution of sentencing guidelines have alleviated some of the disparities in sentencing, the success of the guidelines can only be judged according to the goals sought by the respective community. The authors address how the stated goals from one jurisdiction to another can vary significantly -- some want to decrease sentencing disparities, others want to efficiently allocate scarce correctional resources, and yet others want to "increase judicial accountability."
Zatz, M. S.
"The Convergence of Race, Ethnicity, Gender, and Class on Court Decision-making: Looking Toward the 21st Century."
Policies, Processes, and Decisions of the Criminal Justice System 3: 503 (2000).
This article studies impact of race, gender, and class, on the prosecution of crack mothers and the O.J. Simpson trial. The author then investigates how these three factors influence judicial proceedings on a larger scale, specifically concerning the war on drugs, gangs, and trying youths as adults.
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Blakely v. Washington.
Legal Information Institute, Cornell University.
This case concerns a man who kidnapped his estranged wife and received a 90-month sentence after the judge determined that the man's crime was committed with excessive cruelty. The facts of the case warranted that the man receive a maximum sentence of 53 months. The issue in question for the Supreme Court case is that the facts of the case that caused the judge to give the man a 90-month sentence were not found by a jury nor were they petitioned in court and therefore violated the defendant's Sixth Amendment right.
California Supreme Court Decision: People Vs. Black.
This thirty-one page 2005 decision from the California Supreme Court addresses the impact of Blakely and Booker on California's sentencing laws.
Liptak, Adam.
"Sentencing Decision`s Reach Is Far and Wide."
The New York Times (June 2004).
This article illustrates the impact of Blakely v. Washington on court cases across the country. This article restates the main issue of Blakely: "...any factor that increases a criminal sentence, except for prior convictions, to be proved to a jury beyond a reasonable doubt."
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Spohn, Cassia C.
"Thirty Years of Sentencing Reform: The Quest for a Racially Neutral Sentencing Process."
Policies, Processes, and Decisions of the Criminal Justice System 3: 427 (2000).
According to the author, racial discrimination continues to be a primary determinate in judicial sentencing disparities. He uses 40 studies in his article, including 32 at the state judicial level and 8 that address the federal judiciary.
Tonry, Michael.
"Reconsidering Indeterminate and Structured Sentencing."
National Institute of Justice, Sentencing and Corrections for the 21st Century, Papers from the Executive Sessions on Sentencing and Corrections 2 (September 1999).
This article examines the disparities between sentencing procedures among localities.
Smith, Michael E., and Walter J. Dickey.
"Reforming Sentencing and Corrections for Just Punishment and Public Safety."
National Institute of Justice, Sentencing and Corrections for the 21st Century, Papers from the Executive Sessions on Sentencing and Corrections 4 (September 1999).
This online article discusses how simply incarcerating criminals does not promote public safety because it does not address the root of the social problems leading to the criminal acts in the first place.
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Criminal Sentencing Statistics.
U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics.
This web site includes information on 2002 incarceration statistics as well as a list of Bureau of Justice Statistics publications.
Death Penalty Information Center.
The Death Penalty Information Center is a non-profit organization serving the media and the public with analysis and information on issues concerning capital punishment.
Families Against Mandatory Minimums.
Families Against Mandatory Minimums (FAMM) is a national nonprofit organization founded in 1991 to challenge inflexible and excessive penalties required by mandatory sentencing laws. FAMM promotes sentencing policies that give judges the discretion to distinguish between defendants and sentence them according to their role in the offense, seriousness of the offense and potential for rehabilitation.
Pennsylvania Institute on Criminal Sentencing.
The Pennsylvania Institute on Criminal Sentencing provides cutting-edge sentencing research and analysis with a particular emphasis on the laws and policy of Pennsylvania. The Institute also offers news, information and updates on Pennsylvania sentencing.
The Criminal Justice Policy Foundation.
This is a private, non-profit educational organization that promotes solutions to the problems facing the criminal justice system.
The Sentencing Project.
The Sentencing Project is a 501(c)(3) non-profit organization which promotes decreased reliance on incarceration and increased use of more effective and humane alternatives.
United States Sentencing Commission.
The Commission’s duties include developing guidelines for sentencing in federal courts; collecting data about crime and sentencing; and serving as a resource to Congress, the Executive Branch, and the Judiciary on crime and sentencing policy.
Rottman, David B., et al.
"Tables 44-50: The Sentencing Context ."
Washington, DC: U.S. Dept. of Justice, Office of Justice Programs, Bureau of Justice Statistics (2006).
These tables provide an overview of sentencing responsibilities, options, guidelines, civil disabilities for felons, and truth-in-sentencing laws in the states.
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Mauer, Marc and Ryan S. King.
Uneven Justice: State Rates of Incarceration by Race and Ethnicity.
(July 2007).
This report examines racial and ethnic disparities by state, and finds substantial variation in the degree of black-to-white incarceration. The report finds that African Americans are incarcerated at nearly 6 times the rate of whites and Latinos at nearly double the rate.
Reaves, Brian A.
Violent Felons in Large Urban Communities.
(July 2006).
This is a Bureau of Justice Statistics study of violent felony convictions in the 75 most populous counties found and the statistical characteristics of the offenders.
Durose, Matthew R.
State Court Sentencing of Convicted Felons 2004 - Statistical Tables.
(2004).
This research presents statistics for adults who were convicted of a felony and sentenced in State courts. The data were collected through a survey of a nationally representative sample of State Courts in 300 counties in 2004.
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Brennan, Michael B., and Donald V. Latorraca.
"Truth-in-Sentencing Comes to Wisconsin."
Wisconsin Lawyer: Official Publication of the State Bar of Wisconsin 73, no. 5: 14 (2000).
This website has an article explaining the 1997 Wisconsin Act 283, which instituted the statewide Truth-in-Sentencing Program, and its ramifications. The article also has relevant Wisconsin statutes pertaining to the program.
Ditton, Paula M., and Doris James Wilson.
Truth in Sentencing in State Prisons.
Washington, DC: U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics (1999).
Describes the development and implementation of truth in sentencing laws across the country. A study of prisons from 1990-1996 looks at time served in prison and average length for first-time offenders. This data is used to determine possible estimates under the Truth in Sentencing Laws for offenders to serve in prison of all races and both genders.
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Klein, Andrew R.
Alternative Sentencing, Intermediate Sanctions, and Probation.
Cincinnati, OH: Anderson Publishing Co. (1997).
A book of law codes from across America which specializes in Criminal Sentencing. Interspersed with commentary, the book illuminates different facets of dealing with criminals, including sentencing, probation, and community service. Later in the book, special or exceptional cases are discussed to create a fuller perspective of criminal law. (KF9685 .K58)
Tonry, Michael H.
Intermediate Sanctions in Sentencing Guidelines.
Washington, DC: U.S. Department of Justice, Office of Justice Programs, National Institute of Justice (1997).
This report is divided into five chapters -- Intermediate Sanctions in Sentencing Guidelines, Intermediate Sanctions, Sentencing Guidelines, Incorporating Intermediate Sanctions in Sentencing Guidelines, and Problems and Prospects. (HV8482 .T6)
Tonry, Michael, and Kathleen Hamilton, eds.
Sentencing Reform in Overcrowded Times: A Comparative Perspective.
New York: Oxford University Press (1997).
This book is a collection of more than 50 articles written on such subjects as sentencing reform in the United States, sentencing reform outside the United States, the intersection of race/ethnicity and sentencing, and the impact of public opinion on criminal sentencing. (HV8708 .S44)
Ulmer, Jeffery T.
Social Worlds of Sentencing: Court Communities Under Sentencing Guidelines.
Albany: State University of New York Press (1997).
This work attempts to illustrate the intersection of several theoretical communities, the general philosophies of their respective judiciaries, and how this impacts the sentencing process. Ulmer looks at a theoretical metropolitan/urban county, an affluent suburban county, and a moderate-income rural county. (KF9685 .U43)
National Assessment of Structured Sentencing.
Washington, DC: U.S. Dept. of Justice, Office of Justice Programs, Bureau of Justice Assistance (February 1996).
This report focuses on historical and possible future trends for structured sentencing. This begins with an overview of the current system, and proceeds by listing considerations for sentencing guidelines, including seriousness and criminal history. The report ends by listing findings under these guidelines from state which have implemented these special regulations. (KF9685 .N3 1996)
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