A Qualitative Perspective on Alternative Sentencing Practices in Virginia

Metz, Anne

doi:10.1525/fsr.2020.32.4.221

Cited by 1 publication

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“…A challenge implicit in quantifying the extent to which risk assessment may or may not reduce incarceration rates is the so‐called black box problem (Metz, 2020; Metz, Monahan, Garrett, & Siebert, 2019). Most studies look either at inputs (types of charges, defendant, and community factors) or outputs (severity of sentences and disposition methods) and draw conclusions based on the variables that took place during the sentencing process.…”

Section: Introductionmentioning

confidence: 99%

Valid or voodoo? A qualitative study of attorney perceptions of risk assessment in sentencing and plea bargaining

Metz

Monahan

Siebert

et al. 2020

Journal Community Psychology

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Prior research largely has explored judicial perceptions of risk assessment in sentencing. Little is known about how other court actors, specifically, prosecutors and defense attorneys, perceive risk assessments in the sentencing process. Here, we report a qualitative study on the use of risk assessment by prosecutors and defense attorneys in Virginia. A prior survey (n = 70) pointed to a statistically significant difference in how prosecutors and defense attorneys view the role of recidivism risk in sentencing. On the basis of the results of this quantitative study, we collected follow‐up qualitative data via interview (n = 30) to explain this unexpected difference. Analysis confirmed the survey findings that prosecutors and defense attorneys differ in their perceptions of risk assessment in sentencing. Results suggest that court actor perceptions vary as a function of professional role in the service of the identified client (the community or the defendant) and their interests. Although perceptions diverged on utility risk assessment in sentencing, both prosecutors and defense attorneys were outspoken in their skepticism of the Nonviolent Risk Assessment instrument that is used to predict recidivism risk in Virginia. This latter finding identifies obstacles that may emerge as jurisdictions adopt a risk‐based approach to sentencing. We conclude with recommendations for addressing these barriers that may provide useful guidance on the implementation process.

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Section: Introductionmentioning

confidence: 99%