Survey: Public Perceptions and the Federal Sentencing Guidelines

EXECUTIVE SUMMARY

This monograph reports the findings of a national sample survey commissioned by The U. S. Sentencing Commission. Conducted early in 1994 through face-to-face interviews with a probability sample of the American populace, the main purpose of the study was to find out how the American public would sentence persons convicted of crimes under the Federal Criminal Code. This report describes the sentences given, examines the latent principles used in giving sentences and compares the sentences to those recommended in the guidelines. The study is unique both in the crimes covered and in the methods of measurement used. (March 1997)

 

TABLE OF CONTENTS

ACKNOWLEDGMENTS and EXECUTIVE SUMMARY

  • Methodology: Chapter 2
  • Overall Sentencing Patterns: Chapter 3
  • Guidelines and Respondent Sentences Compared: Chapter 4
  • Factors Influencing Sentencing: Chapter 5-9 Regional and Community Size Differences: Chapter 10
  • Social and Individual Factors in Sentencing: Chapter 11

Chapter 1 - PUBLIC OPINION AND SENTENCING

  • Introduction
  • Why Study the American Public's Views on Sentencing?
  • Existing Empirical Studies of Public Opinion on Sentencing and Closely Related Topics
  • Global Assessments of Sentencing Severity in the Courts
  • Studies of Crime Seriousness
  • Studies of the Public's Sentencing Preferences
  • Some Conclusions Concerning Previous Research
  • Objectives of the Research Project
  • Limitations of the Research
  • Plan of This Report

Chapter 2 - STUDY METHODOLOGY

  • Introduction
  • Instrument Design
  • Sampling and Data Collection
  • Data Analysis

Chapter 3 - FITTING PUNISHMENTS TO CRIMES

  • Introduction
  • Overall Sentencing Patterns
  • Crime Types
  • Holding Crime Constant
  • Some Sentencing Variations by Criminal Characteristics
  • Joint Effects of Gender, Family Status and Previous Record
  • Crime Examples
  • Summary

Chapter 4 - GUIDELINE AND SAMPLE SENTENCES COMPARED

  • Introduction
  • Calculating Guideline Sentences
  • Analysis Strategy
  • Distributions of Guidelines and Respondent Sentences Given to Vignettes
  • Vignette Level Regression Analysis
  • Taking Response Sets Into Account
  • Sample-Guidelines Rank Order Correspondences for Individual Respondents
  • Sentences for Crime Types
  • Crime Examples
  • Combining Prior Record and Crime Examples
  • Agreement Over Crime Dimensions
  • Summary and Conclusion

Chapter 5 - CRIME DIMENSION EFFECTS ON SENTENCING: METHODS OF ANALYSIS

  • Introduction
  • Major Substantive Issues
  • Data Analysis Techniques
  • Overview of Findings of Chapter 6 through 9

Chapter 6 - DIMENSION EFFECTS ON SENTENCING: DRUG TRAFFICKING, STREET CRIMES AND DRUG POSSESSION

  • Trafficking in Illegal Drugs
  • Robbery
  • Kidnaping
  • Carjacking
  • Robbery of a Convenience Store
  • Extortion and Blackma
  • Drug Possession
  • Summary

Chapter 7 - CRIME DIMENSION EFFECTS ON SENTENCING: FRAUD, MONEY LAUNDERING, EMBEZZLEMENT, TAX VIOLATIONS, ANTITRUST AND FORGERY

  • Fraud
  • Money Laundering
  • Promoting Illegal Tax Shelters
  • Tax Cheating
  • Embezzlement
  • Antitrust
  • Forgery and Counterfeiting

Chapter 8 - DIMENSION EFFECTS ON SENTENCING: DRUG PACKAGE TAMPERING, LARCENY, BRIBERY, DRUG MARKETING AND WEAPONS VIOLATIONS

  • Package Tampering
  • Larceny
  • Bribery
  • Pharmaceutical Drug Regulations
  • Illegal Sale of Firearms
  • Illegal Firearm Possession

Chapter 9 - DIMENSION EFFECTS ON SENTENCING: IMMIGRATION, ENVIRONMENTAL CRIMES, AND CIVIL RIGHTS

  • Immigration
  • Environmental Crimes - Air Pollution
  • Environmental Crime - Water Pollution Violations
  • Environmental Crime - Illegal Logging on Federal Land
  • Environmental Crimes - Endangered Species Violations
  • Civil Rights Crimes - Police Use of Unnecessary Force
  • Civil Rights Crimes - "Hate" Crimes

Chapter 10 - REGIONAL AND COMMUNITY SIZE DIFFERENCES IN SENTENCING

  • Introduction
  • Analysis Strategy
  • Regional Differences in Sentencing
  • Summary

Chapter 11 - SOCIAL AND INDIVIDUAL FACTORS IN SENTENCING

  • Introduction
  • Analysis Strategy
  • Gender Differences in Sentencing
  • Age Differences in Sentencing
  • Race and Ethnic Differences In Sentencing
  • Sentencing Differences by Educational Attainment
  • Household Income, Occupation, and Sentencing
  • Net Effects of Respondent Demographic Characteristics
  • Net Effects of Respondent Demographic Characteristics
  • The Effects of Political and Social Attitudes on Sentencing
  • Independent Effects of Demographic, Experiential, and Attitudinal Factors
  • Summary

APPENDIX A - DIMENSIONS AND LEVELS

APPENDIX B - QUESTIONNAIRE USED IN STUDY

APPENDIX C - "STANDARD" VIGNETTES USED IN STUDY

APPENDIX D - REGRESSION TABLES FOR ANALYSES


United States Sentencing Commission