Probation officers' recommendations and final sentencing outcomes

被引:10
|
作者
Freiburger, Tina [1 ]
Hilinski, Carly [2 ]
机构
[1] Univ Wisconsin, Dept Criminal Justice, POB 786,1139 Enderis Hall, Milwaukee, WI 53201 USA
[2] Grand Valley State Univ, Sch Criminal Justice, Grand Rapids, MI 49504 USA
来源
JOURNAL OF CRIME & JUSTICE | 2011年 / 34卷 / 01期
关键词
presentence investigation reports; focal concerns; sentencing; racial disparity;
D O I
10.1080/0735648X.2011.554746
中图分类号
DF [法律]; D9 [法律];
学科分类号
0301 ;
摘要
Using the focal concerns perspective, the current study examines the factors that affect probation officers' recommendations and the effect these recommendations have on final sentencing decisions. Results indicate that there is a high level of agreement between probation officers' recommendations and final sentencing decisions. When judges depart from recommendations, departures are most often upward, with judges sentencing defendants to a harsher penalty. Although it was predicted that the variables that construct the perceptual shorthand would have a greater influence on judges' decisions than on probation officers' recommendations, this was only partially supported by the findings. Final sentence outcomes appeared to be more directly influenced by race than the probation officers' recommendations. Instead of having a direct effect, race affected probation officers' recommendations through income and education. The implications of these findings are further discussed.
引用
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页码:45 / 61
页数:17
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