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Browsing Documents Related to 'Sentencing'

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2014
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Sentencing and the “Affluenza” Factor
New York Times (New York, NY).
“This month a judge in Texas ordered a 16-year-old boy who killed four people in a drunken-driving crash to enter rehabilitation as part of 10 years of probation she imposed without a jail sentence. A defense psychologist had said the teenager suffered from “affluenza,” his judgement stunted by his pampered, privileged upbringing. The case has angered many who have said that a poor person would have been imprisoned, without the same considerations. To what extent should life circumstances affect... Read More

2014
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The State of Sentencing 2013: Developments in Policy and Practice
By Porter, Nicole D.. The Sentencing Project (Washington, DC).
State level legislative changes to criminal justice policy during 2013 are highlighted. These 47 policy reforms made by 31 states impact sentencing, probation and parole, collateral consequences, and juvenile justice. “State sentencing reforms in 2013 continue trends that The Sentencing Project has documented for several legislative cycles. But despite the changes, there continues to be a great need to address the nation’s high rate of incarceration. The challenge now is to build on these gains ... Read More

20 pages
2013
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The State of Sentencing 2012: Developments in Policy and Practice
By Porter, Nicole D.. The Sentencing Project (Washington, DC).
“State lawmakers in at least 24 states adopted 41 criminal justice policies that in 2012 may contribute to downscaling prison populations and eliminating barriers to reentry while promoting effective approaches to public safety. This report provides an overview of recent policy reforms in the areas of sentencing, probation and parole, collateral consequences, and juvenile justice” (p. 1). Some of the sentencing changes involve relaxed mandatory minimums, the death penalty, sentence modification... Read More
PDF
26 pages
2013
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The Green Corrections Project: Action Plans and Lessons Learned
By Davidson, Stephanie. National Institute of Corrections (Washington, DC).
This report is a great description of the three-phase Green Corrections project, sponsored by the National Institute of Corrections (NIC). The following sections comprise this publication: overview of the project; “The Greening of Corrections: Creating a Sustainable System”—the publication and its dissemination; developing a community of practice and providing technical assistance to states; application process; Maryland, Minnesota, and Washington addressing a different technical assistance need... Read More
PDF
6 pages
2013
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Jail Diversion and Trauma Recovery Program (JDTR)—Priority to Veterans—Resources
GAINS Center for Behavioral Health and Justice Transformation (Rockville, MD).
This program was developed in order to combat the increasing number of veterans dealing with post-traumatic stress disorder (PTSD) and other mental illnesses. If untreated, veterans experiencing such disorders are more likely to become involved with the criminal justice system. Access is provided to presentation handouts for the: Jail Diversion and Trauma Recovery Webinar, New York State's Model Policies and Practices that Promote the Recruitment, Hiring, Retention, and Advancement of Peer Staff... Read More
WEB
2013
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Prison and Jail Grievance Policies
University of Michigan Law School (Ann Arbor, MI).
“This list links to grievance polices for every state prison system, and a number of jails, organized by state. Private prison grievance policies appear at the bottom of the list. Many of these policies were first gathered for the briefs filed in Jones v. Bock and Williams v. Overton, in the U.S. Supreme Court, by Yale Law School's Jerome N. Frank Legal Services Organization. Those briefs … are good resources for discussion of inmate grievance policies nationwide.”... Read More
WEB
2013
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Turning off the Spigot: How Sentencing Safety Valves can Help States Protect Public Safety and Save Money
By Gill, Molly M.. Vera Institute of Justice (New York, NY).
“This report examines several states’ ‘‘safety valve’’ statutes — legislation that allows judges to bypass a mandatory sentence under certain circumstances … a safety valve for cases where the mandatory minimum sentence would be unjust … [It] should serve as a guide to lawmakers and policy advisors across the country who are seeking to reduce their states’ inmate populations and save precious resources currently spent on incarceration” (p. 349). Sections of this report discuss: the rising costs ... Read More
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11 pages
2013
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Intelligent Justice: Balancing the Effects of Community Sentences and Custody
By Hough, Mike; Farrall, Stephen ; McNeill, Fergus. Howard League for Penal Reform (London, England).
“This paper revisits the much argued question about the relative merits of prison and community sentences. We decided to write it out of a sense that debate has become trapped in an unproductive Punch and Judy fight about which of the two sentences ‘works’ better. To anticipate our conclusions, assessed in narrow instrumental terms the arguments are more finely balanced than either side usually recognise. However, pro- and anti-prison camps are really arguing – in an oblique sort of way – about ... Read More

22 pages
2012
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Child-Victims’ Independent Participation in the Criminal Justice System
U.S. Dept. of Justice. Office for Victims and Crime (OVC) (Washington, DC). Lewis & Clark Law School. National Crime Victims Law Institute (NCVLI) (Portland, OR).
“The choice of how, when, and the extent to which one participates in the justice system is important to victims; it is a means by which victims can enhance or regain control over their lives, and it can improve victims’ psychological and emotional well-being. Nearly every state has a statute that establishes who may assert child victims’ rights in criminal proceedings … This Bulletin examines the structure of these statutes and provides tips to assist practitioners representing child-victims wh... Read More

5 pages
2012
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Improving the Carceral Conditions of Federal Immigrant Detainees
By Martin, Matthew J. .
The need to classify nonfederal facilities as government agents accountable under the Federal Tort Claims Act (FTCA) is explained. The following three sections make up this Note: recent trends in federal immigrant detention—detention in nonfederal prisons, and widespread abuse and neglect of federal immigrant detainees; legislative and executive intervention—motivated attributional biases concerning unpopular groups, and political power; and judicial remedies—suing nonfederal prisons, and suing ... Read More
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22 pages
2012
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Guidelines for Staffing a Local Criminal Justice Coordinating Committee
By Jones, Michael R.. NIC-06J1118; National Institute of Corrections (Washington, DC). National Institute of Corrections (Washington, DC).
“This guide describes for county administrators and other local officials why staff is needed, who becomes good staff, how many staff persons are needed, what the costs are to develop a staff and how staff can be funded, where staff can be found, how the best applicants can be selected, where staff are best housed in the system, and how staff can be trained and evaluated. The guide also offers practical advice for planning staff by describing important activities to do when starting in the posit... Read More
PDF
64 pages
2012
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Predicting Erroneous Convictions: A Social Science Approach to Miscarriages of Justice
By Gould, Jon B.; Carrano, Julia; Leo, Richard; Young, Joseph.
Presently there is no “study that asks how the criminal justice system identifies innocent defendants in order to prevent erroneous convictions. What we want to know—and thus what dictated our research strategy—is what factors are uniquely present in cases that lead the system to rightfully acquit or dismiss charges against the innocent defendant (so-called “near misses”), which are not present in cases that lead the system to erroneously convict the innocent. If we understand this, then we are ... Read More
WEB
434 pages
2012
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Uncomfortable Places, Close Spaces: Female Correctional Workers' Sexual Interactions With Men and Boys in Custody
By Smith, Brenda V..
'This Article examines female-perpetrated sexual abuse in custodial settings and its place at the intersection of race, class, and gender in order to disentangle complex and overlapping narratives of abuse, sex, desire, and transgression. Ultimately, this Article confronts our discomfort with and reluctance to acknowledge the fact that women sexually abuse men and boys in custody, and it offers possible explanations for these behaviors' (p. 1690). The following sections are contained in this art... Read More
PDF
56 pages
2012
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The State of Sentencing 2011: Developments in Policy and Practice
By Porter, Nicole D.. The Sentencing Project (Washington, DC).
Individuals at the state legislative level should look at this report for ideas on how to reduce corrections costs while maintaining public safety. Topics discussed include: key criminal justice policy reforms and legislation passed in 2011; sentencing; probation and parole; collateral consequences; juvenile justice; and policy recommendations.... Read More
PDF
26 p.
2012
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Public Opinion on Sentencing and Corrections Policy in America
Pew Charitable Trusts. Pew Center on the States. Public Safety Performance Project (Washington, DC). Public Opinion Strategies (Alexandria, VA); Mellman Group (Washington, DC).
Thoughts regarding the state of corrections and sentencing in the United States are presented. Topics discussed include: key takeaways; underlying attitudes—there are too many people in prisons, with prisons often being unnecessary for non-violent crime; policy solutions—divert more non-violent offenders from prison, reduce prison time for non-offenders, require supervision in the community for all released offenders, and improve probation and parole supervision. The bottom line is that “Some of... Read More
PDF
8 pages
2012
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Time Served: The High Cost, Low Return of Longer Prison Terms
By Gelb, Adam; King, Ryan; Rose, Felicity. Pew Charitable Trusts. Pew Center on the States. Public Safety Performance Project (Washington, DC).
The intent of these resources is to “present a state-level portrait of how time served has changed during the past 20 years, how it has impacted prison populations and costs, and how policy makers can adjust it to generate a better public safety return on taxpayer dollars” (full report p. 2). The full report explains how increased lengths of stay have had negative effects on state prisons. Sections following an executive summary include: introduction; length of stay in states; unpacking the num... Read More
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2012
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Fair Sentencing for Youth
Human Rights Watch. Fare Sentencing for Youth (New York, NY).
'Fair Sentencing for Youth is a growing, collaborative project powered by many groups and individuals. We believe youth deserve the chance to prove themselves.' Access points are: cases and bills; take action; supporters; changed life; the facts'the need for change, international consensus, the fiscal impact, adolescent development, and human rights law; about this organization; and Cares 4 Youth (California).... Read More
WEB
2012
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Life Without Parole
Death Penalty Information Center (Washington, DC).
This website provides information regarding the sentencing of life without parole (LWOP). Data is provided for: states with and without parole; years that states adopted LWOP; LWOP news and developments (current year); and LWOP news and developments from 2003.... Read More
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2011
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Executing the Will of the Voters? A Roadmap to Mend or End the California Legislature's Multi-Billion-Dollar Death Penalty Debacle
By Alarcon, Arthur L.; Mitchell, Paula M..
'This Article uncovers the true costs of administering the death penalty in California by tracing how much taxpayers are spending for death penalty trials versus non'death penalty trials and for costs incurred due to the delay from the initial sentence of death to the execution. In addition, the Article examines how the voter initiative process has misled voters into agreeing to the wasteful expenditure of billions of dollars on a system that has been ineffective in carrying out punishment again... Read More
PDF
184 pages
2011
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Sentencing Reform: Amid Mass Incarcerations--Guarded Optimism
By Mauer, Marc.
“As we analyze the admittedly modest openings for reform regarding mass incarceration, we are presented with a classic case of whether the glass is half empty or half full.” The author presents the relevant facts in order for the reader to come to their own conclusion. This article is also a great read for legislators looking for strategies to address their own problems with incarceration growth. Sections discuss: the changing climate for criminal justice reform; current reform at the state leve... Read More
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10 pages
2011
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Principles of Effective State Sentencing and Corrections Policy
By Lawrewnce, Alison; Lyons, Donna. National Conference of State Legislatures. Sentencing and Corrections Work Group (Denver, CO).
Seven principles and related points regarding sentencing and corrections policymaking are presented. The intent of these principles “is to provide broad, balanced guidance to state lawmakers as they review and enact policies and make budgetary decisions that will affect community safety, management of criminal offenders, and allocation of corrections resources” (p. 1). The report also shows the principles at work in determining criminal sentences, managing offenders in the community, treating d... Read More
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51 pages
2011
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E-Bulletin: Sentencing and Corrections Policy Updates
National Conference of State Legislatures (NCSL) (Denver, CO).
“This newsletter provides periodic updates on state sentencing and corrections legislation and budgets; highlights innovative policies and programs; and connects you with reports and news of upcoming NCSL [National Conference of State Legislatures] events.” Access points include current and previous issues of the E-Bulletin and archive of articles.... Read More
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2011
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Federal Justice Statistics 2009 -- Statistical Tables
By Motivans, Mark. U.S. Bureau of Justice Statistics (Washington, DC).
Information regarding criminal case processing from arrest and booking to sentencing and corrections for the federal justice system is presented. “These statistical tables present the number of suspects arrested and booked by the U.S. Marshals Service, suspects in matters investigated and prosecuted by U.S. attorneys, defendants adjudicated and sentenced in U.S. district court, and characteristics of federal prisoners and offenders under federal supervision” (p. 1). Tables are organized into thr... Read More
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62 pages
2011
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State Sentencing and Corrections Legislation
National Conference of State Legislatures (NCSL) (Denver, CO); Pew Charitable Trusts. Pew Center on the States. Public Safety Performance Project (Washington, DC).
This database of significant sentencing and corrections legislation recently enacted by states can be searched by state, topic, keyword, year, or primary sponsor. Legislative topics include: budget and oversight; community supervision administration; community supervision programs; correctional facility administration; diversion and sentencing alternatives; inmate programs; reentry barriers and access to services; reentry oversight and organization; reentry programs and supervision; release and ... Read More
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2011
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The State of Sentencing 2010: Developments in Policy and Practice
By Porter, Nicole D.. The Sentencing Project (Washington, DC).
Individuals at the state legislative level should look at this report for ideas on how to reduce corrections costs while maintaining public safety. Topics discussed include: key criminal justice policy reforms and legislation passed in 2010; sentencing; probation and parole; drug policy; prison census count; collateral consequences; juvenile justice; and policy recommendations.... Read More
PDF
22 p.
2011
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Why Do People Obey the Law?
The Carey Group (TCG) (Silver Springs, MD).
What keeps people from committing crimes? This workshop aims to answer that question and will: review some of the key research findings around punishment’s impact on shaping offender behavior; identify ways that punishment can advance positive behavioral change; and understand which practices are ineffective and can create unintended negative consequences.... Read More

69 pages
2011
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Practice Session Instructional Guide
By Lotzer, Erica. The Carey Group (TCG) (Silver Spring, MD).
This publication will “help [you] in conducting role plays and practice sessions with offenders”. It offers suggestions for what to do and what not to do.... Read More

2 pages
2011
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Practice Session Instructional Guide
By Lotzer, Erica. The Carey Group (TCG) (Silver Spring, MD).
This publication will “help [you] in conducting role plays and practice sessions with offenders”. It offers suggestions for what to do and what not to do.... Read More

2 pages
2010
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Presentations from the BJS and JRSA Joint Seminar on Sentencing and Corrections in the States
Association of State Correctional Administrators, Inc. (Middletown, CT).
Copies of presentation overheads are provided for: “Reducing America’s Correctional Populations: A Strategic Plan” by James Austin; “An Assessment of the Development and Outcomes of Determinate Sentencing [in Florida]” by William D. Bales, Thomas G. Blomberg, Gerry G. Gaes, and Kerensa N. Pate; “Right-Sizing Corrections in New York” by Bert Useem; “Danger and Opportunity: Making Public Safety Job One in Pennsylvania’s Indeterminate Sentencing System” by Mark. H. Bergstrom and Joseph Sabino Misti... Read More
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78 pages
2010
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Research-Based Smarter Sentencing: Training for Prosecutors, Public Defenders, Judges, and Community Corrections Professionals--Participant Notebook [Participant Notebook]
U.S. Bureau of Justice Assistance (Washington, DC). Justice Management Institute (Denver, CO); Carey Group (White Bear Lake, MN).
There is a 'rapidly growing body of research, known as Research-Based Practices, which demonstrates that the goals of changing offender behavior and reducing recidivism can be achieved more effectively and at lesser cost in community corrections compared to jail and prison. Indeed, the same research demonstrates that incarceration may make the incidence of reoffense worse rather than better ' This course is designed to work with the primary stakeholders in the criminal justice system'prosecutors... Read More
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110 pages
2010
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The State of Sentencing 2009: Developments in Policy and Practice
By Porter, Nicole D.. The Sentencing Project (Washington, DC).
Individuals at the state legislative level should look at this report for ideas on how to reduce corrections costs while maintaining public safety. Topics discussed include: key criminal justice policy reforms and legislation passed in 2009; mandatory minimum sentences; other sentencing mandates; death penalty; oversight committee; parole; juveniles; sexual offense; ease of sanctions against ex-felons; and policy recommendations.... Read More
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23 p.
2010
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Deterrence in Criminal Justice: Evaluating Certainty vs. Severity of Punishment
By Wright, Valerie. The Sentencing Project (Washington, DC).
The issue of whether more severe punishment results in increased public safety is examined. This paper covers: the conceptualization of deterrence; certainty versus severity of punishment; the failure of more severe sentences to enhance public safety; and the economic costs of more severe sentences.... Read More
PDF
10 pages
2007
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Evidence-Based Practice to Reduce Recidivism: Implications for State Judiciaries
By Warren, Roger K.. National Institute of Corrections. Community Corrections Division (Washington, DC). Crime and Justice Institute (Boston, MA); National Institute of Corrections. Community Corrections Division (Washington, DC).
The reduction of recidivism by state judiciaries utilizing six principles of evidence-based practice (EBP) is explained. Seven sections follow an executive summary: introduction; current state sentencing policies and their consequences; drug courts -- the state judiciary's successful experiment with EBP; the principles of EBP; local sentencing and corrections policy reforms; state sentencing and corrections policy reforms; and conclusion. "[C]arefully targeted rehabilitation and treatment progr... Read More
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77 p.
2000
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Sentencing Women Offenders: A Training Curriculum for Judges [Lesson Plans]
By Cicero, June H.; DeCostanzo, Elaine T.. National Institute of Corrections (Washington, DC). National Association of Women Judges (Washington, DC); National Institute of Corrections (Washington, DC).
Intervention effectiveness can be improved by understanding how women respond to sanctions. This 6-hour course addressed sentencing practices in relation to female offenders through the following modules: why focus on women offenders?; the judicial response to the woman offender; who women offenders are; what works, what is in place, and what do programs in the represented jurisdictions offer?; sanctioning the woman offender; what do we have and what do we need?; and wrap-up session and evaluati... Read More
ZIP
92 p.
1997
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Community Corrections Approaching the 21st Century
By O'Leary, Vincent; Clear, Todd R.. National Institute of Corrections (Washington, DC).
This monograph, an update of a similar 1984 paper, describes the directions needed in corrections as we enter the 21st century. The focus is on community corrections, especially intermediate sanctions, electronic monitoring, and intensive supervision with drug testing. The authors define the principles of limited risk management and demonstrate how they may be arranged in correctional practice.... Read More
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60 p.
1993
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The Intermediate Sanctions Handbook: Experiences and Tools for Policymakers
By McGarry, Peggy, ed.; Carter, Madeline M., ed.. National Institute of Corrections (Washington, DC); State Justice Institute (Alexandria, VA). Center for Effective Public Policy (Washington, DC); National Institute of Corrections (Washington, DC).
This handbook offers the collective expertise and experience of those who participated in the State Justice Institute and National Institute of Corrections' cosponsored training and technical assistance program, the Intermediate Sanctions Project. The handbook serves as a planning resource for the development of more effective systems of intermediate sanctions. Chapters containing exercises and discussion outlines address key steps in the intermediate sanctions process from getting started to ma... Read More
PDF
155 p.
1992
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Presentence Time Served Credits for Sentenced Offenders
By Scholes, Patricia. National Institute of Corrections (Washington, DC). National Institute of Corrections Information Center (Boulder, CO); LIS, Inc. (Boulder, CO).
An informal survey of corrections personnel in six states found that, in five states, credit for presentence time served is awarded by the county where the prisoner was held, either through the county clerk to the prison or to the sentencing judge. In the sixth state, time is credited by statute. Contacts are provided for additional information.... Read More
PDF
1 p.
1988
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Program Guidelines
By Van Keulen, Crestienne. National Institute of Corrections. Community Corrections Division (Washington, DC); U.S. Bureau of Justice Assistance. Adjudication Technical Assistan. Colorado Alternative Sentencing Programs (Colorado).
Guidelines for program administration are presented in seven different areas: program goals and objectives, sentencing guidelines, risk management and insurance, statistics, case management, worksite management, and interprogram transfers.... Read More
PDF
43 p.
1985
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Using Policy Simulation Analysis to Guide Correctional Reform: The Utah Experience
By Austin, James; Joe, Karen; Litsky, Paul. National Institute of Corrections (Washington, DC); Edna McConnell Clark Foundation (New York, NY). National Council on Crime and Delinquency (San Francisco, CA).
By analyzing current sentencing practices and dispositional guidelines for probation, prison, and parole caseloads and comparing these current practices with other well established correctional screening tools through statistical simulation analysis, this study intends to provide legislators with estimates of the impact of proposed policy modifications on sentencing, classification, and correctional population size.... Read More
PDF
54 p.
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