ABSTRACT

Sentencing Policies and Practices in the 21st Century focuses on the evolution and consequences of sentencing policies and practices, with sentencing broadly defined to include plea bargaining, judicial and juror decision making, and alternatives to incarceration, including participation in problem-solving courts.

This collection of essays and reports of original research explores how sentencing policies and practices, both in the United States and internationally, have evolved, explores important issues raised by guideline and non-guideline sentencing, and provides an overview of recent research on plea bargaining in the United States, Australia, and the United Kingdom. Other topics include the role of criminal history in sentencing, the past and future of capital punishment, strategies for reducing mass incarceration, problem-solving courts, and restorative justice practices. Each chapter summarizes what is known, identifies the gaps in the research, and discusses the theoretical, empirical, and policy implications of the research findings. The volume is grounded in current knowledge about the specific topics, but also presents new material that reflects the thinking of the leading minds in the field and that outlines a research agenda for the future.

This is Volume 4 of the American Society of Criminology’s Division on Corrections and Sentencing handbook series. Previous volumes focused on risk assessment, disparities in punishment, and the consequences of punishment decisions. The handbooks provide a comprehensive overview of these topics for scholars, students, practitioners, and policymakers.

chapter |16 pages

Sentencing Policies and Practices in the 21st Century

An Introduction
ByCassia Spohn, Pauline K. Brennan

part Part I|2 pages

The Evolution of Sentencing Policies and Practices

chapter 1|24 pages

The Transformation of Sentencing in the 21st Century

ByMegan C. Kurlychek, John H. Kramer

chapter 2|25 pages

Sentencing Guidelines in the UNITED STATES

ByRichard S. Frase, Kelly Lyn Mitchell

chapter 3|19 pages

Sentencing Guidelines Outside the United States

ByJulian V. Roberts, Lyndon Harris

part Part II|2 pages

Issues in Guideline and Non-Guideline Sentencing

chapter 4|25 pages

Inter-district Differences and Extra-legal Disparity in Federal Sentencing

The Trees Are “Substantially” More Important Than the Forest 1
ByRichard D. Hartley

chapter 5|15 pages

Minimum Sentencing for Serious Offenses

Lessons from Australia
ByKate Fitz-Gibbon, James Roffee

chapter 6|22 pages

Discretionary Release Practices for Juveniles Facing Life

A Review of State Parole and Resentencing Procedures
ByStuti S. Kokkalera, Simon I. Singer

part Part III|2 pages

Plea Bargaining

chapter 7|15 pages

Plea Negotiations

An Australian Perspective 1
ByArie Freiberg, Asher Flynn

chapter 8|20 pages

Plea Bargaining in the Shadow of the Trial

ByAmy Dezember, Allison D. Redlich

chapter 9|20 pages

Estimating the Size of Plea Discounts

Why Does It Matter?
ByShi Yan

chapter 10|27 pages

To Plead or Not to Plead? “Guilt” is the Question 1

Rethinking Sentencing and Plea Decision-Making in Anglo-American Countries 2
ByJay Gormley, Cyrus Tata

part Part IV|2 pages

Capital Punishment

chapter 11|17 pages

Evolving Attitudes toward Capital Punishment

ByAmy L. Anderson, Weng-Fong Chao, Philip Schwadel

chapter 12|27 pages

Disparities in Death Penalty Prosecution and Punishment

A Review of Recent Research and an Expanded Agenda
ByJeffery T. Ulmer, Lily Hanrath

part Part V|2 pages

Current Controversies

chapter 13|29 pages

Rethinking the Role of Criminal History in Sentencing

ByRhys Hester, Richard S. Frase, Julia Laskorunsky, Kelly Lyn Mitchell

chapter 14|27 pages

AB109 in California

Realignment, Decarceration and Crime in Los Angeles County
ByKatharine Tellis, Cassia Spohn

chapter 15|21 pages

The Problem with Problem-solving Courts

The Black Box Remains Unopened after Thirty Years
ByEileen M. Ahlin, Anne S. Douds

chapter 16|18 pages

Restorative Justice Practices and Challenges in the United States 1

ByJennifer L. Lanterman