1 Panel 2, Position 5 Jack D. Ripper

2 Article Title: “The Power of Diversion: Intermediate Sanctions and Sentencing Disparity Under Presumptive Guidelines.” Hypotheses: The likelihood of being sentenced to prison, jail or probation rather than an “intermediate punishment” (e.g., community service, house arrest, fine) is greater for males and members of minority groups This likelihood is also greater for persons with serious criminal records and those who commit more serious crimes Dependent variable: Type of punishment (intermediate/prison/jail/probation)

3 Main independent variables Individual-level Age (years), gender (M/F) Race: Black / Hispanic / Other (each is compared to White) Offense Gravity: Pennsylvania sentencing guidelines offense gravity score, scale 1-14. Prior convictions for murder and serious acts of violence earn 4 points each. Other felony convictions earn 1-3 points each. Criminal History: Pennsylvania sentencing guidelines prior record score, scale 0-8. Based on type and number of prior convictions.

4 County-level Funding for drug and alcohol treatment (number of years, 1997-2000) Rate of court departure from sentencing guidelines (percentage) Main Findings (Table 4) As offender age increases the likelihood of an intermediate punishments increases: Instead of prison/jail, 2% per year of age Instead of probation, 1% per year of age

5 Males and minorities are less likely to receive intermediate punishments v. prison/jail/probation Males 57% less likely than females to get int. punish. instead of prison Blacks 38% less likely than whites… Hispanics 32% less likely than whites… As offense gravity and offender criminal history increase, intermediate sanctions become less likely than prison/jail (more likely than probation) Offense gravity: 51% less likely to get int. punish. instead of prison Criminal history: 28% less likely…

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