The Role Of Judicial Discretion In Intermediate Sanction Sentencing

• In Event: Judicial Actions at Sentencing

Abstract

Although research has made gains with regard to the role of judicial discretion in determining incarceration sentences, there is far less work on judicial discretion and intermediate sanctions (i.e. non-prison sentences). Intermediate sanctions can be difficult to analyze due to the multitude of sanction options and issues determining how to scale multiple sanctions that may be complementary or competing. Using a model developed by Ostrom et al. (2004) that categorizes intermediate sanctions based on their goals of control and treatment of the offender, this study examines U.S. federal sentencing data to investigate whether the judicial discretion associated with sentencing decisions leads to extralegal disparity in the type of intermediate sanction an offender receives.

Author

• Lizabeth Remrey, University of Maryland