Wow. I mean, tell us how it really is... :-)
Can we get a link to the article Dr. Pfaff just referenced about Sentencing Commissions?
I think Prof Pfaff may have been referencing:Delegating Punitive Power: The Political Economy of Sentencing Commission and Guideline Formation, 84 Tex. L. Rev. 1973 (2006)
That Barkow piece is excellent, and has some pretty intriguing political implications, but think the one I was referring to was this one: https://www.uclalawreview.org/administering-crime/
Ah yes, Administering Crime," 52 UCLA L. Rev. 715 (2005). for those of you scoring at home
Kelly L Mitchell
Rather than looking at recidivism as a metric, it could be intersting to flip it to a positive and look at successful completion of sentence (without recidivism) as a metric.
Great point, Kelly, which has me thinking about what data we do not even think to collect....
I'm interested to know if sentencing commissions ever weigh in on the role that other non-CJ systems play in the success of sentencing reforms. For example, availability of treatment for mental health and substance use disorders. Data can show a reform is "unsuccessful" in terms of recidivism but this can be due in part to lack of supportive services.
They are gone, whew!
How can sentencing commissions best use their data to look at disparities and contribute to the ongoing racial discussions going on?
Nathaniel J Reitz
I have some reluctance to openly publish individual judges' sentencing practices: (1) These data are easy for judicial election opponents to misuse; (2) Publication may thus incentivize fewer mitigated departures from Sentencing Guidelines. Comments?
Nathaniel - Washington's SGC was directed by statute to produce annual judges' reports. After several years, it was determined that they weren't used and was removed from statute.
"There's just no worthy result at the end of the trail once you have the data," [retired Justice Paul Pfeifer, executive director of the Ohio Judicial Conference] said, before adding, "There's a whole bureaucracy of folks who like to play with numbers." (quote from Gongwer article, May 2018)
Nate... in PA I think it has been a positive... better quality data.