SOCIOECONOMIC DISPARITIES UNDER DETERMINATE SENTENCING SYSTEMS: A COMPARISON OF PREGUIDELINE AND POSTGUIDELINE PRACTICES IN MINNESOTA*

In: Criminology: the official publication of the American Society of Criminology, Band 23, Heft 2, S. 337-363

Abstract

After a brief review of determinate sentencing systems, this study examines the impact of Minnesota's determinate sentencing law on various presentence and sentencing outcomes. Using comparable pre‐ and postguideline measures, the results of this study suggest that Minnesota's reform effort was largely successful in reducing disparity within the scope of the new guidelines. However, although the direct impact of socioeconomic attributes of the offender diminished, these characteristics continued to influence sentencing decisions indirectly through various presentence decisions and case attributes not governed by the guidelines Different models of charge bargaining and sentence negotiations are also observed when pre‐ and postguideline models are compared. Yet, the determinants of these time‐specific models are not consistent with the assumptions of a circumvention argument. The paper concludes with suggestions for further research evaluating the impact of determinate sentencing systems on achieving social neutrality in the application of criminal sanctions.