A Note on Productive and Dynamic Inefficiencies of Intermediate Regulatory Sanctions

This article shows that regulatory sanctions that fall into an intermediate range can generate subtle problems not apparent in simple enforcement models. Assuming that firms may ultimately face different noncompliance detection probabilities, we highlight that intermediate sanctions may conflict with aspects of both static and dynamic efficiency.

Does the “last chance” sentence work? Ten years of failures and successes under a juvenile intermediate sanction in Canada

Deferred custody and supervision order, an intermediate sanction which came into effect in 2003, had never been the subject of a scientific study. In the absence of research data, judges would give the sentence without knowing the outcome. To fill this gap, this study presents the failure rates (technical violations, revocations and new-crime violations) and success rates of all young Quebecers who completed a deferred custody and supervision order between 1 June 2003 and 31 May 2012. As with studies that examined similar sentences elsewhere in the world, success rates are relatively low. Suggestions are made to limit failures associated with this type of juvenile intermediate sanctions.

Alternatives to Incarceration

Alternatives to incarceration are more than options, they have evolved into sentences of their own accord. Originally, probation and prison were the two major sentences; however, the concept of intermediate or graduated sanctions emerged in the 1980s and evolved throughout the 1990s. While alternatives to incarceration were considered options, they are now recognized as intermediate sanctions, graduated sanctions, and just plain sentencing options. This emergence occurred during the time that probation-plus-conditions sentences spiked, so that the average probationer now has over 17 standard conditions. With Justice Reinvestment Initiatives as a national effort to reduce the impact of mass incarceration policies, the JRI policy effort the has served to legitimize sentences that used to be considered “alternatives” by incorporating risk/need assessments, legislation to reduce sentence lengths and incarceration sentences, and changes in practices to address noncompliant probationers and parolees. Here, a new conceptual model is proposed that integrates sentencing options with results from a risk and need assessment depending on various types of liberty restrictions. Given the need to reduce prison overcrowding, there is an even further need to examine how different sentencing options can be used for different type of individuals.

Extralegal Disparity in the Application of Intermediate Sanctions: An Analysis of U.S. District Courts

The sentencing literature is replete with studies that have examined the influence of extralegal offender characteristics on two key sentence outcomes: the imprisonment and sentence length decisions. Yet the study of other outcomes, such as the application of intermediate sanctions, is rarely addressed. To date, no studies have been conducted in the federal courts to examine the potential influence of race/ethnicity, age, gender, and educational attainment on the decision to apply intermediate sanctions. Consequently, the present analysis employs U.S. Sentencing Commission data to examine direct and interactive effects of these extralegal characteristics on this understudied outcome. Findings indicate that extralegal effects may play an important role in the use of intermediate sanctions. The implications of this research are discussed in detail.