The Model Regime

2019 ◽  
pp. 207-220
Author(s):  
Richard S. Frase ◽  
Julian V. Roberts
Keyword(s):  
Racial Disparities ◽  
Cost Effective ◽  
Nonviolent Offenders ◽  
Prior Record ◽  
Counting Rules ◽  
First Offenders

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.

Introduction

2019 ◽  
pp. 1-22
Author(s):  
Richard S. Frase ◽  
Julian V. Roberts
Keyword(s):  
Criminal History ◽  
Sentencing Guidelines ◽  
Prison Inmates ◽  
Negative Consequences ◽  
Racial Disproportionality ◽  
Nonviolent Offenders ◽  
Offense Severity ◽  
Large Numbers ◽  
Prior Record ◽  
Prison Populations

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.

Evaluation of New Jersey's Intensive Supervision Program

1988 ◽  
Vol 34 (4) ◽  
pp. 437-448 ◽  
Author(s):  
Frank S. Pearson
Keyword(s):  
Drug Use ◽  
Community Service ◽  
High Frequency ◽  
Evaluation Research ◽  
Cost Effective ◽  
Nonviolent Offenders ◽  
Intensive Supervision

New Jersey's Intensive Supervision Program (ISP) has an active caseload of approximately 400 nonviolent offenders. ISP requires employment and provides a high frequency of field contacts with participants, including random tests to detect drug use. Because ISP requires that participants first serve a few months in prison, perform community service, and obey curfews, it provides a level of punishment intermediate between probation and ordinary terms of imprisonment. Evaluation research showed that, in comparison to ordinary imprisonment and parole, ISP achieved slight reductions in recidivism, modest saving of prison space, and was substantially more cost-effective.

Are Record-Based Enhancements a Cost-Effective and Fair Way to Reduce Crime?

2019 ◽  
pp. 72-88
Author(s):  
Richard S. Frase ◽  
Julian V. Roberts
Keyword(s):  
Cost Effective ◽  
Criminal History ◽  
Reasonable Doubt ◽  
Deterrent Effect ◽  
Jury Trial ◽  
Age And Gender ◽  
Prior Record ◽  
Specific Individual ◽  
And Gender ◽  
The Relationship

Even if a guidelines criminal history score, other prior record formula, or some combination of record and non-record factors accurately reflects the offender’s recidivism risk, sentence enhancements based on that formula are not justified unless the increased penalty will prevent further offending in a cost-effective, fair, and legal manner. This chapter summarizes the voluminous literature on the relationship between punishment severity and crime. That literature shows that increased penalty severity has at best a modest deterrent effect on offending rates, and is as likely to cause more crime as it is to prevent crime by means of general and specific (individual) deterrence and/or incapacitation. The chapter also discusses whether such enhancements—particularly when based on non-record factors such as age and gender—are unfair to offenders, and whether non-record, risk-based enhancements are consistent with constitutional requirements of proof beyond reasonable doubt and jury trial under the Blakely v. Washington doctrine.

Retributivist Perspectives on an Offender’s Criminal or Crime-Free Past

2019 ◽  
pp. 23-40
Author(s):  
Richard S. Frase ◽  
Julian V. Roberts
Keyword(s):  
Repeat Offenders ◽  
Prior Record ◽  
First Offenders ◽  
A Minor

Proponents of retribution (Just Deserts) as a punishment rationale sharply disagree about whether repeat offenders are more culpable for a new offense, in comparison to offenders with little or no prior record. Some retributivists assert that prior convictions should have no bearing on the offender’s culpability and deserved punishment for his latest offense. Other retributivists argue that first offenders are less culpable and deserve sentence mitigation; some of these writers would extend a lesser degree of mitigation to offenders with only a minor record. A third group of retributivists views prior crimes as an aggravating factor, justifying steady increases in punishment severity as offenders acquire more convictions. This chapter critiques each of these three approaches. It argues that first offenders deserve substantial mitigation, that sentence severity should rise only modestly with additional convictions, and that such enhancements must be “capped” to preserve proportionality to the crime being sentenced.

Shock Probation in Ohio

1980 ◽  
Vol 7 (3) ◽  
pp. 331-340 ◽  
Author(s):  
Gennaro F. Vito ◽  
Harry E. Allen
Keyword(s):  
Probation Officers ◽  
Decision Makers ◽  
Criminal Record ◽  
Attribute Analysis ◽  
Prior Record ◽  
First Offenders ◽  
Predictive Attribute

In this study of Ohio's shock probation program, base expectancy rates were developed through the use of predictive attribute analysis. These rates were used to evaluate the stated guidelines of the program; namely, that shock probation should be targeted for use with youthful first offenders. Therefore, the base expectancy rates were utilized to test a prediction which was being made by relevant decision-makers within the program (judges, probation officers). Analysis of the research sample of 1,081 shock probationers released in 1975 revealed that prior record was the best predictor of failure (reincarceration over a two year period). The shock probationers who had a previous criminal record were more than twice as likely to fail. These rates were not cross-validated and were not recommended for application in a mechanical fashion by decision-makers.

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

2019 ◽  
pp. 114-127
Author(s):  
Richard S. Frase ◽  
Julian V. Roberts ◽  
Rhys Hester
Keyword(s):  
Adverse Effects ◽  
Criminal History ◽  
Low Risk ◽  
Risk Level ◽  
Prison Inmates ◽  
Violent Crimes ◽  
Nonviolent Offenders ◽  
Prior Record ◽  
Older Offenders ◽  
Prison Populations

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.

Impacts of Criminal History Enhancements on Prison Bed Needs and Costs

2019 ◽  
pp. 152-162
Author(s):  
Richard S. Frase ◽  
Julian V. Roberts ◽  
Rhys Hester
Keyword(s):  
Criminal History ◽  
Fiscal Impact ◽  
Nonviolent Offenders ◽  
High Magnitude ◽  
Prior Record ◽  
Fiscal Impacts

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.

The application of electron microscopy to diagnosis in gynecologic neoplasms and tumor-like conditions

1984 ◽  
Vol 42 ◽  
pp. 102-105
Author(s):  
Lawrence M. Roth
Keyword(s):  
Electron Microscopy ◽  
Reproductive Tract ◽  
Malignant Tumors ◽  
Frozen Section ◽  
Cost Effective ◽  
Female Reproductive Tract ◽  
Ultrastructural Examination ◽  
Specific Diagnosis ◽  
Potential Value ◽  
Gynecologic Neoplasms

The female reproductive tract may be the site of a wide variety of benign and malignant tumors, as well as non-neoplastic tumor-like conditions, most of which can be diagnosed by light microscopic examination including special stains and more recently immunoperoxidase techniques. Nevertheless there are situations where ultrastructural examination can contribute substantially to an accurate and specific diagnosis. It is my opinion that electron microscopy can be of greatest benefit and is most cost effective when applied in conjunction with other methodologies. Thus, I have developed an approach which has proved useful for me and may have benefit for others. In cases where it is deemed of potential value, glutaraldehyde-fixed material is obtained at the time of frozen section or otherwise at operation. Coordination with the gynecologic oncologist is required in the latter situation. This material is processed and blocked and is available if a future need arises.

The IBM-PC in electron microscopy

1996 ◽  
Vol 54 ◽  
pp. 612-613
Author(s):  
James F. Mancuso
Keyword(s):  
Head Start ◽  
Image Acquisition ◽  
Cost Effective ◽  
Financial Applications ◽  
Number Of Factors ◽  
Instrument Control ◽  
The Cost ◽  
Training And Support ◽  
Control Image ◽  
Ibm Pc

IBM PC compatible computers are widely used in microscopy for applications ranging from control to image acquisition and analysis. The choice of IBM-PC based systems over competing computer platforms can be based on technical merit alone or on a number of factors relating to economics, availability of peripherals, management dictum, or simple personal preference.IBM-PC got a strong “head start” by first dominating clerical, document processing and financial applications. The use of these computers spilled into the laboratory where the DOS based IBM-PC replaced mini-computers. Compared to minicomputer, the PC provided a more for cost-effective platform for applications in numerical analysis, engineering and design, instrument control, image acquisition and image processing. In addition, the sitewide use of a common PC platform could reduce the cost of training and support services relative to cases where many different computer platforms were used. This could be especially true for the microscopists who must use computers in both the laboratory and the office.

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