Rodney L. Engen

Exercising Options: An Assessment of the Use of Alternative Sanctions for Drug Offenders

In this paper, we explore a relatively unexamined area of sentencing—the use of alternative sanctions. While researchers have discussed the potential uses and misuses of alternative sanctions, few have focused on who receives them and why. We argue that, while alternative sanctions have the potential to be useful tools, they also open “windows of discretion” that may disadvantage certain groups. We use quantitative and qualitative data from Washington State to explore how alternative sanctions are applied in cases involving felony drug offenders. The results of quantitative analyses are largely consistent with current theories of sentencing in that court officials rely heavily on indicators of danger and blameworthiness in determining when to apply alternative sanctions. Qualitative analyses, however, suggest that decisions about alternative sanctions are complex, and that court officials’ beliefs about the fairness and efficacy of sentencing options influence the extent to which they will use available alternatives. Implications for criminal justice theory, public policy, and future research are discussed.

The Time Penalty: Examining the Relationship Between Time to Conviction and Trial vs. Plea Disparities in Sentencing

Although studies of sentencing routinely find that defendants who plead guilty receive relatively lenient sentences compared with similarly situated defendants convicted by trial, we have yet to fully understand the role of “mode of conviction” in the sentencing process. In particular, we know little about how the size of the disparity between guilty pleas and trial convictions may depend upon time in case processing, or the timing of pleas; that is, when during the process defendants plead guilty. This is a considerable issue, as “time” often is central to explanations given for plea-trial disparities. The current study examines this central, yet seldom empirically captured, dimension of the sentencing process. Using information gathered in an ancillary data collection effort operated under the supervision of the American Terrorism Study, we differentiate between the mode of conviction and time to conviction and explore the role of “time” in sentence severity, especially with regard to the plea-trial disparity. While consisting of defendants identified in connection with terrorism investigations, and sentenced in federal courts, our study takes advantages of a unique opportunity to isolate the effects of time from the mode of disposition and to explore time correlates of sentencing outcomes. In doing so, we raise important questions about the multiple ways in which time and mode of conviction may affect sentencing more generally and contribute to the larger theoretical discussions of how punishment decisions are made.