J. Wooldredge et J. Gordon, PREDICTING THE ESTIMATED USE OF ALTERNATIVES TO INCARCERATION, Journal of quantitative criminology, 13(2), 1997, pp. 121-142
A greater use of sentencing alternatives to incarceration may help to
reduce problems related to prison crowding and high costs of incarcera
tion. However, a judge's ability to use these alternatives more freque
ntly may be hindered by state sentencing policies designed to reduce j
udicial sentencing discretion. A study of a national random sample of
181 chief trial court judges revealed that state sentencing policies,
court size, and the degree of plea bargaining in a judge's court docke
t are significant predictors of a judge's estimated use of alternative
s to incarceration. Also, these variables are significant predictors o
f a judge's willingness to use alternatives for specific groups of fel
ons constituting significant proportions of state prison populations.
Consistent with the latter finding, a descriptive analysis further rev
ealed that judges who perceive less use of alternatives for felony off
enders reside predominantly in states with more crowded prisons.