DISCRETION AND DISPARITY UNDER SENTENCING GUIDELINES: THE ROLE OF DEPARTURES AND STRUCTURED SENTENCING ALTERNATIVES

This article examines the use of alternative sentencing provisions as mechanisms for departing from sentencing guidelines in Washington State and as structural sources of unwarranted sentencing disparity. The authors argue that these structural features of guidelines not only serve as “windows of di...

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Bibliographic Details
Published in:Criminology (Beverly Hills) 2003-02, Vol.41 (1), p.99-130
Main Authors: ENGEN, RODNEY L., GAINEY, RANDY R., CRUTCHFIELD, ROBERT D., WEIS, JOSEPH G.
Format: Article
Language:English
Subjects:
Alternative sentencing
Crime
Criminal justice
Criminal law
Criminal sentencing
Criminology
Delinquency
Ethnicity
Gender
Habitual offenders
Policing
Prosecutions
Race
sentencing guidelines and alternatives
Social control
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Summary:This article examines the use of alternative sentencing provisions as mechanisms for departing from sentencing guidelines in Washington State and as structural sources of unwarranted sentencing disparity. The authors argue that these structural features of guidelines not only serve as “windows of discretion” through which disparities arise, but they also may encourage disparities by requiring consideration of substantive criteria that disadvantage certain offender groups. The analyses find that males and minority offenders are less likely to receive alternative sentences below the standard range, but that race‐ethnicity and gender have inconsistent effects on departures above the standard range. Theoretical implications of the study are discussed.
ISSN:0011-1384
1745-9125
DOI:10.1111/j.1745-9125.2003.tb00983.x