Adverse Impacts on Offense-Based Proportionality and Prison-Use Priorities

2019 ◽  
pp. 114-127
Author(s):  
Richard S. Frase ◽  
Julian V. Roberts ◽  
Rhys Hester

This chapter shows how powerful criminal history enhancements undermine important goals of guidelines reforms. First, these enhancements undermine the goal of making punishment severity proportional to the seriousness of the offense for which the offender is being sentenced; if prior record receives more weight in sentencing, conviction offense seriousness receives less weight. Second, these enhancements counteract the goal of reserving expensive prison beds for offenders convicted of violent crimes—powerful criminal history enhancements shift the balance of prison admissions and inmate stocks toward property, drug, and other nonviolent offenders. Third, prior record enhancements change the composition of prison populations by risk level—older offenders often have more prior convictions but declining recidivism risks, so criminal history enhancements increase the number of aging, low-risk prison inmates. The formulaic nature of such enhancements also over-predicts the risk level of some younger offenders. The chapter concludes with proposals for limiting these adverse effects.

2019 ◽  
pp. 1-22
Author(s):  
Richard S. Frase ◽  
Julian V. Roberts

This chapter provides an overview of the book, including the following major topics: why this neglected topic is so important; the ubiquity of prior record enhancement in modern sentencing systems, and their particularly powerful roles in U.S. jurisdictions with sentencing guidelines; the wide variations in the criminal history scoring formulas used in guidelines, with respect to matters such as which prior crimes and other factors are included, the weight each receives, and the degree to which a high score increases recommended sentence severity; the unclear punishment rationales for such enhancements; and the numerous negative consequences of these enhancements— increasing the size and expense of prison populations, undermining the important goal of punishment in proportion to offense severity, increasing the need for prison beds to house property and other nonviolent offenders, generating large numbers of aging prison inmates, contributing to racial disproportionality in prison populations, and undermining offenders’ efforts to reintegrate into society.


2019 ◽  
pp. 152-162
Author(s):  
Richard S. Frase ◽  
Julian V. Roberts ◽  
Rhys Hester

This chapter shows how sentencing data can be used to quantify the substantial fiscal impacts of high-magnitude criminal history enhancements, overall and with respect to the problematic aspects of those enhancements identified and discussed in previous chapters. It uses data from Minnesota and several other states as examples because of the excellent sentencing data available for those states. The chapter first examines the total fiscal impact (added bed needs and costs) that results from the sentence-enhancing effects of criminal history on prison commitment and prison duration decisions. It then quantifies the fiscal impacts of the identified problematic aspects of prior record enhancements: disproportionately severe prison durations imposed on high history offenders, imprisonment of nonviolent offenders recommended for prison solely because of their elevated criminal history scores, imprisonment of aging offenders who are recommended for prison due to their high history scores, and racially disparate sentences that result from criminal history enhancements.


2021 ◽  
pp. 0095327X2110420
Author(s):  
Mark A. Morgan ◽  
Matthew W. Logan ◽  
Ashley N. Arnio

The link between military service and crime has been a subject of investigation for several decades. Although research has examined the likelihood of arrest, incarceration, and recidivism across military cohorts, relatively little is known about the circumstances surrounding police contact and suspect behavior at the exact moment of arrest. This is a critical oversight given that what transpires during an arrest can have a marked impact on downstream criminal justice outcomes, including access to diversionary programming like veterans treatment courts. Using a nationally representative survey of prison inmates, this study analyzes veteran and nonveteran self-reports of their arrest controlling for a host of relevant demographic, mental health, and criminal history variables. Findings indicate that veterans are significantly less likely to resist the police at arrest. These results provide further support to the sentiment that military culture and training can have a lasting behavioral influence on those who experience it.


2021 ◽  
pp. 026455052110508
Author(s):  
Annelies Sturm ◽  
Sylvana Robbers ◽  
Renée Henskens ◽  
Vivienne de Vogel

Since the start of the COVID-19 pandemic, online supervision has increased markedly, including within the Dutch probation services. In the present research, we systematically collected and analysed both clients and probation officers’ experiences of working online in the prior year. Although the clients were generally positive about remote supervision, some expressed that they missed the personal contact. According to most of the probation officers, remote working is flexible (efficient, saves time, travel costs), appropriate for certain phases of the probation process (especially at a later stage when a working alliance has been established) and particularly suitable for probationers with mild problems and low risk profiles. The general experience was that conversations are both more pragmatic and business-like, which, in turn, can produce both strengths and limitations. Once a foundation has been established, it appears to be possible to continue working remotely with clients, albeit the probation officers stressed that this depended on the type of client, type of offence and risk level.


2021 ◽  
Author(s):  
Alberto Gerri ◽  
Ahmed Shokry ◽  
Enrico Zio ◽  
Marco Montini

Abstract Hydrates formation in subsea pipelines is one of the main reliability concerns for flow assurance engineers. A fast and reliable assessment of the Cool-Down Time (CDT), the period between a shut-down event and possible hydrates formation in the asset, is of key importance for the safety of operations. Existing methods for the CDT prediction are highly dependent on the use of very complex physics-based models that demand large computational time, which hinders their usage in an online environment. Therefore, this work presents a novel methodology for the development of surrogate models that predict, in a fast and accurate way, the CDT in subsea pipelines after unplanned shutdowns. The proposed methodology is, innovatively, tailored on the basis of reliability perspective, by treating the CDT as a risk index, where a critic CDT threshold (i.e. the minimum time needed by the operator to preserve the line from hydrates formation) is considered to distinguish the simulation outputs into high-risk and low-risk domains. The methodology relies on the development of a hybrid Machine Learning (ML) based model using datasets generated through complex physics-based model’ simulations. The hybrid ML-based model consists of a Support Vector Machine (SVM) classifier that assigns a risk level (high or low) to the measured operating condition of the asset, and two Artificial Neural Networks (ANNs) for predicting the CDT at the high-risk (low CDT) or the low-risk (high CDT) operating conditions previously assigned by the classifier. The effectiveness of the proposed methodology is validated by its application to a case study involving a pipeline in an offshore western African asset, modelled by a transient physics-based commercial software. The results show outperformance of the capabilities of the proposed hybrid ML-based model (i.e., SVM + 2 ANNs) compared to the classical approach (i.e. modelling the entire system with one global ANN) in terms of enhancing the prediction of the CDT during the high-risk conditions of the asset. This behaviour is confirmed applying the novel methodology to training datasets of different size. In fact, the high-risk Normalized Root Mean Square Error (NRMSE) is reduced on average of 15% compared to the NRMSE of a global ANN model. Moreover, it’s shown that high-risk CDT are better predicted by the hybrid model even if the critic CDT, which divides the simulation outputs in high-risk and low-risk values (i.e. the minimum time needed by the operator to preserve the line from hydrates formation), changes. The enhancement, in this case, is on average of 14.6%. Eventually, results show how the novel methodology cuts down by more than one hundred seventy-eight times the computational times for online CDT predictions compared to the physics-based model.


Author(s):  
Michael Tonry

Predictions of future violence by individuals are substantially more often wrong than right. Minority offenders are more often incorrectly predicted to be violent than are white offenders. White offenders are more often incorrectly predicted to be nonviolent than are minority offenders. Use of socioeconomic status variables is per se unjust and disproportionately affects minority offenders. Use of criminal history variables exaggerates differences between minority and white offenders, and increases racial and ethnic disparities. It is unjust ever to punish someone more severely than he or she deserves because of a prediction of dangerousness (or for any other reason). Increasing the severity of a sentence on the basis of risk prediction punishes offenders in advance for crimes they would not have committed. Judges and others using prediction instruments more often disregard low-risk predictions for poor and black offenders than for affluent ones.


2019 ◽  
pp. 207-220
Author(s):  
Richard S. Frase ◽  
Julian V. Roberts

This chapter outlines a model regime of prior record enhancement (PRE), designed to promote more rational, parsimonious, and humane sentences. It provides general principles and specific rules reflecting what is known about PRE justifications, costs, benefits, and adverse consequences. The principles specify which punishment purposes justify PRE, while also recognizing the overarching importance of maintaining proportionality to conviction offense seriousness, ensuring that PREs are necessary and cost-effective, minimizing racial disparities and imprisonment of aging and nonviolent offenders, avoiding interference with offender efforts at desistance, and striking a reasonable balance between rule and discretion. The model’s PRE counting rules exclude juvenile and misdemeanor priors, convictions more than 10 years old, upweighting of felonies based on their severity or similarity, and custody status points. First offenders receive substantial sentence mitigation, after which PRE magnitude increases modestly and is capped. High-history offenders are punished no more than twice as severely as first offenders.


2019 ◽  
pp. 60-71
Author(s):  
Richard S. Frase ◽  
Julian V. Roberts

If prior record enhancements are justified as a way to manage offender risk, policymakers need to consider other, non-record risk factors that may improve risk-prediction accuracy. This chapter examines the limited extent to which guidelines systems have incorporated such factors—usually as a ground for departure or other adjustment after the recommended sentence has been determined based on current offense and prior record. The chapter summarizes the offense factors and non-criminal-history offender factors, such as the offender’s current age and criminal thinking patterns, that criminological research has found to be good predictors of the risk of re-offending, and that are often included in widely used risk assessment instruments such as the Salient Factor Score, CSRA, and LSI-R. Very few of these non-record risk factors have been given a formal role in guidelines sentencing. The chapter argues that judges should be allowed to consider some of these factors, especially older age.


1995 ◽  
Vol 30 (11) ◽  
pp. 1363-1382 ◽  
Author(s):  
Michael Fendrich ◽  
Mary Ellen Mackesy-Amiti ◽  
Paul Goldstein ◽  
Barry Spunt ◽  
Henry Brownstein

2017 ◽  
Vol 64 (7) ◽  
pp. 831-855 ◽  
Author(s):  
Michael Cassidy ◽  
Jason Rydberg

The focal concerns perspective suggests that criminal history and the nature of the offense interact to influence judicial assessments of community threat, yet this question has not been subject to systematic empirical examination. Drawing on 4 years of data (2007-2010) from the Pennsylvania Commission on Sentencing ( N = 75,676), we utilize linear quantile mixed models (LQMM) to examine the impact of prior record on the conditional distribution of sentence lengths across violent, property, drug, and sex offenders, controlling for the effects of important individual and judicial district-level covariates. The results indicate that prior record penalties differ both between and within conviction offense types across the conditional sentence length distribution. Substantive, theoretical, and methodological implications are discussed.


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