Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 3 of 3

Full-Text Articles in Law

The Effect Of Blakely V. Washington On Upward Departures In A Sentencing Guideline State, Brian Iannacchione, Jeremy Ball Nov 2008

The Effect Of Blakely V. Washington On Upward Departures In A Sentencing Guideline State, Brian Iannacchione, Jeremy Ball

Criminal Justice Faculty Publications and Presentations

One of the problems facing the criminal justice system is unwarranted disparity as a result of unbridled discretion. Although disparity, by itself, does not necessarily indicate a problem in the criminal justice system, disparity unwarranted does present a problem. Disparity becomes unwarranted when, controlling for legal factors, extralegal factors such as race/ethnicity, gender, and age influence court processing decisions. The greater the discretion one possesses, the higher the likelihood of unwarranted disparity in one’s decisions (Albonetti, 1991; Meeker, Jesilow, & Aranda, 1992; Bushway & Piehl, 2001). Within the criminal court system, judicial discretion in sentencing has received the most scrutiny.


The Prosecution Of Child Sexual Abuse In Idaho: July 1, 2006 - June 30, 2007, Robert L. Marsh, Steven Patrick, Ted Hopfenbeck, Beth Doane, Nate Hopfenbeck, Michelle Morrison Jan 2008

The Prosecution Of Child Sexual Abuse In Idaho: July 1, 2006 - June 30, 2007, Robert L. Marsh, Steven Patrick, Ted Hopfenbeck, Beth Doane, Nate Hopfenbeck, Michelle Morrison

Criminal Justice Faculty Publications and Presentations

House Bill 362, passed in 1989 (adding section 67-1405 to the Idaho Code), expanded the Attorney General's duties to require preparation of an annual report to be submitted to the legislature reporting the incidence of felony child sex abuse charges filed in adult and juvenile courts in the state. A research team from Research, Training, and Evaluation Associates worked in conjunction with the Offices of the Governor and the Attorney General to collect data and prepare the report to comply with this legislation. This team has collected data for the past seventeen reports. Specifically, data were collected on site on …


Predicting Public Opinion About Juvenile Waivers, I-Fang Jan, Jeremy Ball, Anthony Walsh Jan 2008

Predicting Public Opinion About Juvenile Waivers, I-Fang Jan, Jeremy Ball, Anthony Walsh

Criminal Justice Faculty Publications and Presentations

The accountability movement of the juvenile justice system in the late 1980s and early 1990s encouraged more punitive practices by juvenile justice professionals. Public opinion was strong during this time. The attitudes about the juvenile justice system are a product of individual demographic, cultural, and political characteristics. This study addresses opinions about juvenile waivers–a punitive sanction–examining data from the National Opinion Survey of Crime and Justice in the 1990s (see Flanagan, 1996). This study analyzes attitudes about juvenile waivers, using multivariate quantitative methods. The results indicate a consistent relationship between the perception of the sentencing goals of the juvenile court …