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DISCRETION AND DISPARITY UNDER SENTENCING GUIDELINES: THE ROLE OF DEPARTURES AND STRUCTURED SENTENCING ALTERNATIVES *
Author(s) -
ENGEN RODNEY L.,
GAINEY RANDY R.,
CRUTCHFIELD ROBERT D.,
WEIS JOSEPH G.
Publication year - 2003
Publication title -
criminology
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 3.467
H-Index - 139
eISSN - 1745-9125
pISSN - 0011-1384
DOI - 10.1111/j.1745-9125.2003.tb00983.x
Subject(s) - sentencing guidelines , discretion , psychology , criminology , political science , law , computer science , artificial intelligence , sentence
This article examines the use of alternative sentencing provisions as mechanisms for departing from sentencing guidelines in Washington State and as structural sources of unwarranted sentencing disparity. The authors argue that these structural features of guidelines not only serve as “windows of discretion” through which disparities arise, but they also may encourage disparities by requiring consideration of substantive criteria that disadvantage certain offender groups. The analyses find that males and minority offenders are less likely to receive alternative sentences below the standard range, but that race‐ethnicity and gender have inconsistent effects on departures above the standard range. Theoretical implications of the study are discussed.