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February 22, 2010
"Juror Sentiment on Just Punishment: Do the Federal Sentencing Guidelines Reflect Community Values?"
The title of this post is the title of this must-read article from US District Judge James Gwin, which is now available via SSRN. Here is the abstract:Do the Federal Sentencing Guidelines reflect community sentiment regarding appropriate punishment? This paper describes a study where juries were surveyed after they had given guilty verdicts. The author then compared the jurors' recommendations with the Federal Sentencing Guidelines recommended sentence. Combining 22 cases of various types, the median juror recommended sentence was only 19% of the median Guidelines ranges and only 36% of the bottom of the Guidelines ranges.
The author argues that the Federal Sentencing Guidelines correctly emphasized retribution as the most important sentencing purpose. If retributive considerations should dominate, the author says the ranges chosen should align with community sentiment. Although the study is limited, it suggests the current Guidelines values do not. The author recommends juror questionnaires as an easy facility to better guage community sentiment without diminishing the Guidelines desire to reduce sentencing disparities.
February 22, 2010 at 01:42 PM | Permalink
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Comments
A sample of jurors from the Northern District of Ohio, a reliably liberal and minority portion of the state, is not reflective of the "community sentiment" of the nation as a whole (which should be the basis of federal guidelines) nor even representative of the state of Ohio. It's tantamount, on the other end of the spectrum, to suggesting that Harris County jurors (Houston, Texas), who send more people to death row than any other jurisdiction (as juries can impose punishment in Texas) represent the overall sentiment of the nation on capital punishment.
Bad form for this judge to conclude this is a fair sample and bad form for you not to note that this "random sample" is from the city that sends Kucinich to the Congress unfailingly.
At the risk of sounding too much like Supremacy Clod, I have to say this sort of "hide the ball" with the basic facts is just the sort of thing that gives lawyers a bad name.
Posted by: Ferris Bueller | Feb 23, 2010 9:11:58 AM
I agree with Bueller. This is not scientific in any way, as the cases sentenced in Northern District of Ohio are not representative of the nation as a whole. I don't think Judges (or this blog) want to go down this path...studies have also shown that the public has no problem with 10 year sentences for child pornography offenders, and the respondents are not privy to the pictures and the videos that judges have at their fingertips, and yet over 40% of these cases are sentenced below the recommended guidelines.
This is nothing but "pop science"...what next Berman, internet polls?
Posted by: Kelly | Feb 23, 2010 11:15:33 AM
I'm not sure who should be more embarrassed- the US District Court Judge for promoting this "study" that was apparently limited to an embarrassingly low 22 cases or Professor Berman who should know better than to trumpet an unrepresentative, invalid survey.
Posted by: mjs | Feb 23, 2010 7:33:03 PM
"Survey says : this survey stinks!"
Posted by: Ferris Bueller | Feb 24, 2010 2:48:53 PM
how true. it's a much junk science as the 1994 sex offender studty that is tossed at anyone talking about reoffence rates of sex offenders. Never mind that it covered only 200 or so REPEAT offenders alrady in prison for multiple offences in one PRISON. No kidding they have a high reoffence rate.
personally i've never believed most of the numbers. it's not too friggin hard to figre. would take one of the super computers in washing about 3 mins to put in the names of those on the registry in 1994 when all this stupidty started and then run them against the prison records of the last 16 years and see how many have been convicted again. THERE'S YOUR REOFFENCE RATE. all finished
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EXECUTIONS ON OUR AMERICAN POOR !!!
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GOD DOES NOT HAVE MANDATE WITH U.S. SUPREME COURT 2 CONTINUE ALLOWING POSSIBLE WRONGFUL EXECUTIONS TO BE INFLICTED ON OUR AMERICAN POOR !!!
**TROY DAVIS & MUMIA ABU ~JAMAL ~ ARE HAVING PRAYERS FOR JUSTICE SAID FOR THEM WORLD~WIDE ..WE CAN ALL ONLY HOPE AND PRAY THAT EVERYONE IN OUR U.S.CONGRESS THAT KNOWS AND UNDERSTANDS HOW UNJUST OUR U.S JUDICIAL SYSTEM CAN BE WITH OUR POORER AMERICANS,BECOMES ACTIVE IN MAKING SURE THAT TROY DAVIS OF GEORGIA AND MUMIA ABU~JAMAL OF PENNSYLVANIA RECEIVE FAIR AND JUST TRIALS BEFORE ANY POSSIBLE WRONGFUL EXECUTIONS TAKE PLACE.
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Posted by: LAWYERS FOR POOR AMERICANS | Feb 24, 2010 6:22:59 PM
