SAGE Journal Articles

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LO 8-5

Extralegal Disparity in the Application of Intermediate Sanctions

Abstract: The sentencing literature is replete with studies that have examined the influence of extralegal offender characteristics on two key sentence outcomes: the imprisonment and sentence length decisions. Yet the study of other outcomes, such as the application of intermediate sanctions, is rarely addressed. To date, no studies have been conducted in the federal courts to examine the potential influence of race/ethnicity, age, gender, and educational attainment on the decision to apply intermediate sanctions. Consequently, the present analysis employs U.S. Sentencing Commission data to examine direct and interactive effects of these extralegal characteristics on this understudied outcome. Findings indicate that extralegal effects may play an important role in the use of intermediate sanctions. The implications of this research are discussed in detail

LO 8-5

Effectiveness of Restorative Justice

Abstract: This article presents an analysis of restorative justice practice in the Republic of Ireland. This is achieved through an examination of data on restorative justice conferencing events in various venues around Ireland. From these data, the authors analyze these restorative events through an examination of the “functionalist exchange,” which occurs during the interaction between participants in such events. The extent of functionalist exchange is measured through an application of the meta-analysis first utilized in relation to restorative justice practice by Jeff Latimer, Craig Dowden, and Danielle Muise. The study assesses the extent to which functionalist roles become significant in restorative conference outcomes. The article argues that to be truly restorative, events must incorporate the extent to which remorse and subsequent satisfaction is expressed. In addition, the theories of restorative justice are shown to require a further analysis from the practitioners’ perspective, which this article provides. By examining the concepts such as Tomkins’ affect theory and Nathanson’s compass of shame, along with the practitioner-based perspective of Morris and Maxwell, this research constructs a wider understanding of the significance of the functionalist roles of participants during restorative events.