By Hannabeth Franchino-Olsen  , Brittney Chesworth 

This document review investigated policies that govern Batterer Intervention Programs (BIPs) across the United States. The document review systematically analyzed current state practice standards (n = 46) across the United States that guide BIPs. Data collection and abstraction took place between June of 2019 and January of 2020. Descriptive statistics were calculated for standard development and revision processes, BIP oversight, and requirements for program structure and curriculum. This review revealed key findings about standard requirements, including: (a) most do not cite research as having informed their development; (b) most have been revised in the past decade; (c) state agencies involved in BIP oversight are typically social or health agencies or a judicial board; (d) most require BIPs to provide intakes, group education, gender-exclusive groups, two facilitators and to cover a variety of topics; (e) most do not require individualized treatment or program evaluation. Additional findings around program structure, intake and assessment, and curriculum and intervention requirements are explored. Collectively, standards not changed much in the last decade and often standards do not reflect the latest research on IPV perpetration. Multidisciplinary teams, including researchers familiar with the IPV literature, should work collaboratively to revise standards based on best practices.  

Aggression and Violent Behavior Volume 77, July–August 2024, 101941

By Jonathan Gu

AIM To estimate the association between judge-alone trials and the probability of acquittal, trial length, and sentence severity. METHOD We compared 5,064 jury and 805 judge-alone criminal trials finalised in the NSW District Court and Supreme Court between January 2011 and December 2019, excluding cases where the defendant entered a guilty plea to their principal offence or had a special verdict of “not guilty by reason of mental illness” (under s. 25 of the Mental Health (Forensic Provisions) Act 1990 (NSW)). Entropy balancing was used to match judge-alone cases with jury cases on available covariates. We then estimated the association between trial type (judge-alone vs jury) and four criminal justice outcomes, adjusting for relevant observable factors. The analysis was repeated for two subsets of offences: violent offences and offences with a higher likelihood of having prejudicial elements or complex evidence (prejudicial and complex offences). We also interviewed 12 legal practitioners, including District and Supreme Court judges, prosecutors, and defence lawyers, to identify factors motivating judge-alone applications that may be correlated with the outcomes of interest. RESULTS We estimated that compared to jury trials, judge-alone trials are associated on average with a statistically significant nine percentage point increase in the probability of acquittal and a shorter prison sentence by 7.6 months. Within prejudicial and complex offences, we found that judge-alone trials were associated with a statistically significant decrease in average trial days. Judge-alone trials were also associated with a statistically significant decrease in prison sentence length for the violent offences subgroup. Interviewees suggested that increased use of written submissions may influence both shorter trial length in judgealone matters and reduced prison sentences (i.e., via discounts from efficiencies resulting from pre-trial cooperation or time saved by submitting tendered evidence). Interviewees stated that judge-alone applications in NSW are mostly made in cases with prejudicial elements (e.g., evidence that cannot be separated from prior proven offending) or complex evidence (e.g., cases with substantial scientific or financial evidence). CONCLUSION Judge-alone trials are associated with an increased probability of acquittal, shorter trials, and a shorter prison sentence. However, we cannot determine whether these differences are driven by confounding factors (such as strength of the prosecution’s case) and/or causal factors.

Sydney: NSW Bureau of Crime Statistics and Research, 2024. 49p.

By The United States Sentencing Commission

This report examines variations in sentencing practices—and corresponding variations in sentencing outcomes—in the federal courts since the Supreme Court’s 2005 decision in United States v. Booker. The United States Sentencing Commission analyzed the sentencing practices of federal district judges in 30 major cities located throughout the country to determine the extent of the judges’ variations in imposing sentences in relation to the city average. This report is the second in a series of reports updating the analyses and findings of the Commission’s 2012 Report on the Continuing Impact of United States v. Booker on Federal Sentencing.

Washington, DC: United States Sentencing Commission, 2019. 138p.

By The United States Sentencing Commission

This report is the third in a series of reports. It examines variations in sentencing practices—and corresponding variations in sentencing outcomes—across federal districts since the Supreme Court’s 2005 decision in United States v. Booker.  The Commission’s ongoing analysis in this area directly relates to a key goal of the Sentencing Reform Act of 1984: reducing unwarranted sentencing disparities that existed in the federal judicial system.  In particular, the Act was the result of a widespread bipartisan concern that such disparities existed both regionally (e.g., differences among the districts) and within the same courthouse. Having analyzed the differences within the same courthouse in its Intra-City Report, the Commission now turns in this report to examining regional differences since Booker.

Washington, DC: United States Sentencing Commission, 2020. 100p.

By Vera M. Kachnowski and Amanda Russell

 In 2016, the United States Sentencing Commission promulgated an amendment that comprehensively revised the guideline covering illegal reentry offenses—§2L1.2 (Unlawfully Entering or Remaining in the United States). The amendment, Amendment 802, became effective November 1, 2016, and represented the most comprehensive revision of a major guideline in the last two decades. This report examines the impact of Amendment 802 by looking back at sentencings under §2L1.2 over the last ten fiscal years. The report first describes the concerns leading to the amendment, including that §2L1.2’s 12- and 16-level increases were overly severe and led to variances, and that using the “categorical approach” to apply enhancements was overly complex, resource intensive, and increased litigation and uncertainty. After outlining the changes made by Amendment 802, the report assesses its impact on guideline application for §2L1.2 offenders and on appeals involving §2L1.2.

Washington, DC: United States Sentencing Commission, 2022. 38p.

By Sarah W. Craun and Alyssa Purdy

There are numerous federal criminal statutes authorizing a sentence of life as the maximum sentence allowed, such as for offenses involving drug trafficking, racketeering, and firearms crimes. While convictions under these statutes are common, sentences of life imprisonment are rare, accounting for only a small proportion of all federal offenders sentenced.  In February 2015, the Commission released Life Sentences in the Federal Criminal Justice System, examining the application of life sentences by federal courts during fiscal year 2013. Using data from fiscal years 2016 through 2021, this report updates and augments the Commission’s previous findings by examining the offenses that led to the life sentences imprisonment imposed, along with offender demographics, criminal histories, and victim-related adjustments.

Washington, DC: United States Sentencing Commission,  2022. 40p.

By Kathleen C. Grilli, Kevin T. Maass and Charles S. Ray,

This publication summarizes the history of Chapter Eight’s development and discusses the two substantive changes made to the elements of an effective compliance and ethics program. It then provides policymakers and researchers a snapshot of corporate sentencing over the last 30 years. Finally, the publication describes Chapter Eight’s impact beyond federal sentencing.

Washington, DC: United States Sentencing Commission, 2022. 94p.

By April A. Christine,  Courtney R. Semisch,  Charles S. Ray, and Amanda Russell,

This comprehensive study of robbery offenders sentenced in fiscal year 2021 provides an analysis of the characteristics of robbery offenders, their criminal history, and their sentences imposed. The report also provides analyses on the prevalence of robbery offenses and how they were committed, including who was robbed, what was taken, the use or threatened use of physical force, the use of a firearm or other dangerous weapon, and whether any victim was injured or killed during a robbery. This report builds upon the Commission’s recent observations regarding the high recidivism rates among federal robbery offenders

Washington, DC: United States Sentencing Commission, 2022. 60p.

By Vera M. Kachnowski, Christine Kitchens, and Data Cassandra Syckes,

The report entitled Weighing the Impact of Simple Possession of Marijuana: Trends and Sentencing in the Federal System updates a 2016 Commission study and examines sentences for simple possession of marijuana offenses in two respects. Part One of the report assesses trends in federal sentencings for simple possession of marijuana since fiscal year 2014. The report then describes the demographic characteristics, criminal history, and sentencing outcomes of federal offenders sentenced for marijuana possession in the last five fiscal years and compares them to federal offenders sentenced for possession of other drug types. Part Two of the report examines how prior sentences for simple possession of marijuana (under both federal and state law) affect criminal history calculations under the federal sentencing guidelines for new federal offenses. The report identifies how many federal offenders sentenced in fiscal year 2021—for any crime type—received criminal history points under Chapter Four of the Guidelines Manual for prior marijuana possession sentences. The report then assesses the impact of such points on those offenders’ criminal history category, one of the two components used to establish the sentencing guideline range.

Washington, DC: United States Sentencing Commission, 2023. 46p

 By Tracey Kyckelhahn and Amanda Kerbel,

The United States Sentencing Commission (“the Commission”) has previously published reports on the relationship between demographic factors and sentencing,1 but none have focused specifically on the educational attainment of federally sentenced individuals. The United States Census Bureau estimates that 12.8 percent of the U.S. population have acquired a graduate degree (i.e., master’s degree, professional degree, or doctoral degree).2 However, less than two percent (1.8%) of federally sentenced individuals in fiscal year 2021 were in this educational attainment group. Congress requires courts to consider several factors when determining the appropriate sentence to be imposed in federal cases, including the “history and characteristics of the defendant.”3 The federal sentencing guidelines provide that specific characteristics of sentenced individuals such as education may be considered at sentencing, yet there is little information published that examines differences across education levels.4 Accordingly, this report provides an analysis of the federally sentenced individuals in fiscal year 2021 by educational attainment. 

Washington, DC: United States Sentencing Commission 2023. 36p.

By: Kristen DeVall, Christina Lanier, and Lindsay J. Baker

The monograph has continued the long-standing tradition of providing a detailed profile of the treatment court field within the United States. Especially noteworthy is that the data enable the authors to monitor trends and highlight similarities and differences in the findings over time. The monograph also provides a summary of the most recent scholarly literature on treatment courts. Summaries of the extant literature for each type of treatment court include an overview of the history and structure, best practice standards, guiding principles, effectiveness and cost-benefit findings, and directions for future research.

Wilmington, NC: National Drug Court Resource Center 2022. 36p.