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105731 1 (1978-04-24)

handle is hein.gao/gaobadxzg0001 and id is 1 raw text is: DOCU MENT RESUMEB 05731 - fB12261671 Disparities in Criminal Sentencing and Prosecuti-ve Practices in Federal District Courts. April 24. 1978. 16 pp. + enclosure (1 pp.). Testimony before the Houz.e Committee on the Judiciary: Criminal Justice Subcommittee; by William J. Andertcn, Deputy Director, General Government Div. Contact: General Government Div. Organization Concerned: Department of Justice. Congressional Relevance: House Committee on thf Judiciary: Criminal Justice Subcommittee. Authority: ,... 6869 (95th Cong.). S. 1437 195th Ccng.). Disparate treatment in the criminal justice system results from the broad discretion givev to judges, U.S. attorneys, and law enforcement and parole officials. Disavaity is not limited to the seni ancing process but is a problem that exists throughout the Federal justice system from arrest through parole. Althouqh these disparities do exist in critinal ?rosecutions and sentences and are cau'jd, in large part, by the discretion exercised by U.S. attorneys ind district judges, they are not readily apparent because of the lack ct program monitoring and reporting. In criminal sentencing, disparity exists in three areas when judges exercise discretion: in the decision to incarcerate a convicted defendant, in the length of sentence imposed on an offender, and in the use of sentencing provisions that affect the time a defendant must serve before being considered for parole. Tba discretion exercised by prosecutors also results in disparate treatment. U.S. attorneys have the authol-ity tu prosecute or decline prosecution, determine the specific offense to be Frosecuted, and reduce charges o.. plea bargain. As a result, U.S. attcrneys can control, in part, the possibility of the punishment and troaden or narrow the range of sentence to be imposed. P comprehensive approach is needed to reduce unjustified disparity. 4RRS)

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