The Use of Discretion in Determining the Severity of Punishment for Incarcerated Offenders

Abstract

Many studies have been conducted on the decision-making processes of social control agencies. These studies have provided considerable insight into both the legal and non-legal factors which affect people who come into contact with representatives of such agencies. While substantial research has already been conducted concerning the discretionary practices of police, prosecutors, judges and juries and the effect of their practices on the legal norm-violator's contact with the law, there is one area in the criminal justice system which has been almost totally neglected. Few studies have investigated the processes which determine when, how, and why norm-violators who have been found guilty and incarcerated should be released from our penal institutions.

Parole release decisions revisited: An analysis of parole release decisions for violent inmates in a southeastern state

“…Past research findings showed significant relationships between age, education, marital status, and socioeconomic status of the inmate and parole decisions. Younger, married offenders and those with more schooling and employment prior to incarceration were more likely to be granted parole (Scott, 1974). Results tended to be ambiguous regarding race and parole release.…”

“…These studies examined how variables such as seriousness of the offense, time served and the number of total felonies committed, and previous paroles impacted parole decisions. Scott (1974) found that seriousness of the offense was a major factor that resulted in parole denial and extensive stays in prison. He noted that parole board members were only willing to release an inmate after they believed that the inmate suffered commensurately for the crime (Scott, 1974, p. 217).…”

“…Scott (1974) found that parole board members relied upon disciplinary reports more than any other institutional factor to give an indication of the inmate's readiness for release. Parole board members assumed that if inmates had a number of disciplinary actions taken against them, they were more likely to get into trouble on the outside and therefore needed more time before release (Scott, 1974, p. 219).…”

“…Results tended to be ambiguous regarding race and parole release. Scott (1974) initially concluded that Black inmates served more time and were less likely to be paroled than White inmates. When he controlled for the seriousness of the offense, however, he found that Whites were less likely to be paroled than non-Whites (Scott, 1974).…”

“…Scott (1974) initially concluded that Black inmates served more time and were less likely to be paroled than White inmates. When he controlled for the seriousness of the offense, however, he found that Whites were less likely to be paroled than non-Whites (Scott, 1974). Carroll (1976) found that younger Black inmates convicted of violent or drug offenses were less likely to be paroled.…”