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Mr. BENNETT. In fixing the final sentence, under the proposed bill, the judge would not only determine the maximum sentence, but he would also specify when the prisoner would become eligible for parole or that this would be left up to the parole board.

Mr. WILLIS. Would you clarify that? It should be clarified, perhaps. Mr. Cramer had asked something about the applicability or nonapplicability of these proposals for Alaska and some other area. Did you catch his question?

Mr. BENNETT. Yes, sir. Alaska was omitted for a number of reasons. First of all, because it is so far away and so remote that facilities for carrying out these various provisions are not available, except at great expense.

Secondly, there is an overlapping in the jurisdiction between crimes. cognizable under territorial law and under the United States Code. To avoid, at least for the time being, any ambiguity in this sort of thing, we thought we would omit Alaska for the time being, and the judge has pointed out the reasons for the District of Columbia.

Mr. WILLIS. Now, there is one more question by counsel.

Mr. BRICKFIELD. One of the separate amendments suggested to House Joint Resolution 425 reads:

or the court may fix only the maximum sentence to be served.

Does that mean the maximum under the law or the maximum which the court wishes to impose?

Mr. BENNETT. The maximum the court wishes to impose.
Mr. BRICKFIELD. Then it says:

In which event the prisoner may be released at such time as the Board of Parole shall determine.

Suppose the judge imposes a sentence of 6 years, a maximum of 6 years. Does he become eligible for parole when the Parole Board determines?

Mr. BENNETT. He becomes eligible for parole at the time the Board of Parole decides.

Mr. BRICKFIELD. Which could be greater than one-third?

Mr. BENNETT. No. There is a provision in there that says in no event shall it be more than one-third. That is right.

REFERENCE NOTES ON FEDERAL SENTENCING PROCEDURES

The following data concerning Federal sentencing procedures is intended to supplement the material contained in the report to the Committee on the Judiciary, House of Representatives, dated February 15, 1958, concerning "Federal sentencing procedures." This data, in illustrating the extent of disparities in sentencing, should support the recommendations adopted and approved by the judicial conference of senior circuit court judges in March 1958, concerning the three bills, House Joint Resolution 424, House Joint Resolution 425, and H. R. 9823, currently pending before the Congress.

Chairman Celler's introduction to your recent committee report gave some statistics concerning the prevalence of disparities. More recent statistics, based on fiscal year 1957, present a similar picture.

Average sentences for all types of offenders

During the last fiscal year the average Federal sentence to imprisonment for all offenses varied from 8.9 months in New Hampshire to 54.6 months in western Oklahoma. The average for all districts was 28.3 months.

FEDERAL

FEDERAL SENTENCING PROCEDURE

The proportion of convicted offenders placed on probation varied similarly. Vermont, 68.8 percent received probation, in contrast to west Texas, where y 15.3 percent received probation.

Cxamination of sentences given by various Federal courts for specific offenses o confirms the widespread existence of disparities.

erage sentences in auto-theft cases

'or the offense of transporting a stolen automobile interstate, which in most es does not vary substantially in seriousness, the district court of New Hampre gave average prison sentences of 10.4 months, while northern Oklahoma e an average of 47.8 months. The national average for all district courts for s offense was 30.3 months.

Regional differences do not account for such disparities. Examination of son sentences imposed in adjoining districts or in districts of the same State close the fact that these disparities continue to turn up repeatedly. Northern ssissippi, with 41 cases of auto theft, imposed average sentences of 15.4 ths, while eastern Arkansas, with 43 cases, imposed average sentences of months. Southern Texas, with 22 cases, gave average terms of 19.6 months; tern Texas, with 57 cases, gave average terms of 38.7 months. Northern nois, with 51 cases, gave an average of 21.7 months, but eastern Illinois, with ases, gave an average of 37.9 months.

uor violators

For liquor-law violations, in which cases the offenders usually have similar kgrounds, western Tennessee gave an average of 4 months, while western th Carolina gave an average of 20 months. The nationwide average was months.

-gery-case sentence disparities

n forgery cases, eastern North Carolina, with 21 cases, gave an average of - months, while the middle district of North Carolina, with 16 cases, gave average of 30.9 months. Northern Illinois, with 49 cases, gave an average 7 months, while the adjoining district of northern Indiana, with 25 cases, e an average of 44.4 months.

s the above statistics indicate, the element of deterrence does not seem to à significant consideration in determining the relative length of sentences. more extreme penalties may be given in a district with comparatively few ations or in a district with comparatively numerous violations.

nasmuch as the statistics represent averages, they do not reveal either the test terms nor the longest terms imposed for similar offenses. These avers tend to flatten out the extremes of severity or leniency. The wide range ariations is best illustrated by an examination of individual cases. e examples of sentence disparities

or this purpose we have selected examples of disparities which exist among -oners in the same institutions at the present time. We have not attempted match disparities which may exist in the Federal prison system as a whole. cases cited represent an extremely small sampling taken from the hundreds ur current files.

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Background: One of nine born to a family with a poor and cultural background, sub fourth brother with a crimi He had a poor school recor after the sixth grade. short-term employment as a 1 truck driver. Enlisted in th was given an undesirable d months later. Subject ha wives, has two children by t one by the second. Investig history indicates he made to establish a normal home steady job.

Physical and mental stat

Sentence: Fifteen month
NATIO
Case No. 38519.
Offense: Transporting
interstate.

Prior criminal record: (
confinement for A. W. 0.
months' sentence suspended
(c) 1 to 3 years for gra
auto; (d) $100 fine for lar
(e) 5 to 101⁄21⁄2 years for aba

Details of offense: Sub companions stole an auto and drove it into anothe and codefendants were d this decision was made. Background:

when he was about 19, brother was killed in con Both War II. He left school Since the end of

grade.

he has lived in roomin skidrow hotels.

tory consists of

washer

His

Sentence: One year. Case No. 5169. Offense: National Theft Act violation.

NATIONAL MOTOR VEHICLE THEFT ACT

Motor Vehicle

Prior Criminal Record: (a) Juvenile commitment for truancy and stealing; (b) 2 years for forgery; escaped while serving this sentence and received an additional 1-year sentence; (c) 2 years for forgery.

Details of offense: Subject and a companion escaped from a county jail in which they were being held, stole a car, and crossed State lines. After abandoning the car, subject traveled over several States, cashing numerous bad checks. He was finally apprehended on a drunk driving charge, and at the time of his conviction was wanted by three other States.

Background: One of nine children born to a family with a poor economic and cultural background, subject is the fourth brother with a criminal record. He had a poor school record and left after the sixth grade. He has held short-term employment as a laborer and truck driver. Enlisted in the Army, he was given an undesirable discharge 6 months later. Subject has had two wives, has two children by the first and one by the second. Investigation of his history indicates he made little effort to establish a normal home or keep a steady job.

Physical and mental status: Normal.

Sentence: Five years.
Case No. 3301.

Offense: Interstate transportation stolen vehicle.

Prior criminal record: (a) 6 months for forgery; (b) 60 days for carrying concealed weapon; (c) 2 years probation for forgery.

Details of offense: Subject stole a car in one State, drove it across a State line en route to Mexico, where he attempted to sell the car. When he could not display evidence of ownership, Mexican authorities took him into custody.

Background: One of three brothers, the only delinquent, subject did not get along well with his father, who was an alcoholic and who finally committed suicide. The mother is a stable person employed in a hospital. Subject has two enlistments in the Navy, the first terminating with an honorable discharge and the second with an undesirable discharge. He has held several short-term jobs as a construction laborer and railway baggage clerk. He is married, but the marriage has been quite unsteady. There are no children. Subject uses alcohol excessively.

Physical and mental status: Normal.

NATIONAL MOTOR VEHICLE THEFT ACT

Sentence: Fifteen months. Case No. 38519. Offense: Transporting stolen auto interstate.

Prior criminal record: (a) 3 months' confinement for A. W. O. L.; (b) 18 months' sentence suspended for 5 years; (c) 11⁄2 to 3 years for grand larceny of auto; (d) $100 fine for larceny of auto; (e) 5 to 101⁄2 years for abandonment.

Details of offense: Subject and two companions stole an auto in one State and drove it into another State. He and codefendants were drinking when this decision was made.

Background: Both parents died when he was about 19, and his only brother was killed in combat in World War II. He left school in the ninth grade. Since the end of World War II he has lived in rooming houses and skidrow hotels. His employment history consists of short-term jobs as dishwasher, short order cook, and highway laborer.

Physical and mental status: Normal.

Sentence: Four years 10 months.
Case No. 38840.

Offense: Transporting stolen auto interstate.

Prior criminal record: None.

Details of offense: Subject stole an auto in one State and drove it into another State. Police arrested him because of a loud muffler on the car.

Background: Subject is 1 of 9 children born to parents with a good community reputation. He maintained a good school record and graduated from high school. Enlisting in the Army, he received a discharge under general conditions. Since then he has been employed as a laborer. He is married and the family situation is stable.

Physical and mental status: Normal.

SELECTIVE SERVICE ACT VIOLATION

Sentence: One year and one day.
Case No. 19642.

Offense: Refuse to submit for induction.

Prior criminal record: None.

Details of offense: Subject reported for induction, as ordered, but subsequently refused to submit to induction. He stated that Christians are not supposed to fight and that working in a hospital in lieu of military service would curtail and restrict his religious activities, thereby compromising his religious belief that a Jehovah's Witness has the primary duty of spreading the word of God.

Background: Family stable, all are members of the Jehovah's Witness sect. Subject, an honor student in grade school, left school in the 10th grade to assist in support of family. His employment history has been good. Unmarried.

Physical and mental status: Normal.

Sentence: Three years.
Case No. 19829.

Offense: Fail to accept civilian work.

Prior criminal record: None.

Details of offense: Reported for civilian work, as ordered, but subsequently refused to accept such work. The justification he gave was the same as in the first case.

Background: Family stable, all are members of the Jehovah's Witness sect. Subject left school in the ninth grade to go to work. His employment history has been good. Married, ties with his wife are close.

Physical and mental status: Normal.

SELECTIVE SERVICE ACT VIOLATION

Sentence: One year one day.
Case No.: 6276.

Offense: Fail to report to board for performance of civilian work.

Prior criminal record: None.

Details of offense: Ordered to report to his draft board and then to a hospital for 2 years in civilian work, he failed to obey. He contended that to have accepted hospital work in lieu of service in the Armed Forces would have been a compromise on his part with his religious beliefs.

Sentence: Five years.
Case No.: 5954.

Offense: Refuse to submit to induc

tion.

Prior criminal record: None.

Details of offense: Ordered to submit to induction, he refused to obey. His justification was the same as that in the first case.

Background: The mother had been a Background: Family stable but ecoJehovah's Witness for 18 years and the nomically insecure, both parents belong subject since 1950 when he was 16. He to the Jehovah's Witness sect. Subdevoted at least 30 hours a week to ject's religious beliefs unquestionably ministerial work. Married, subject's sincere. Married, his wife belongs to wife belongs to the same religious the same religious group. group.

Physical and mental status: Normal.

Physical and mental status: Normal.

LIQUOR VIOLATIONS

Sentence: One year one day.
Case No.: 15028.
Offense:
whisky.

Possession of untaxpaid

Prior criminal record: Six fines for adultery, feloniously intimidating and preventing voter from casting ballot, assault and battery, public drunkenness, flourishing a deadly weapon, possession of liquor, and transporting intoxicating beverage for sale.

Details of offense: In searching his home, officers found a sack containing three 1-gallon jugs, one 2-gallon jug, nine 1⁄2-pints, and 1 pint bottle of untaxpaid distilled spirits.

Background: Subject grew up in a family with an excellent community reputation, and was 1 of 7 children, 2 of which have also served sentences on similar whisky charges. Subject left school in the seventh grade because of epileptic attacks. He worked as a truck driver for the State highway department and also operated a small grocery store and filling station. He was reputed to have been a persistent bootlegger for some time. Married, he has two children, and his relationships with his family are close.

Physical and mental status: His is mentally normal, and despite his epilepsy, he is in good physical health.

Sentence: Eight years.
Case No.: 14797.

Offense: Operating unregistered still. Prior criminal record: Four traffic fines.

Details of offense: In searching his home, officers found a still, along with 825 gallons of fermented mash and 10 gallons of untaxpaid distilled spirits. Subject resisted officers' efforts to search his home.

Background: Subject grew up in a family with an excellent community reputation, and was 1 of 2 children, the only delinquent. He left school in the eighth grade. He has a good employment history as a factory worker. Married, he left his wife and 5 children about 10 years ago. His family still lives on the farm given them by her parents. Subject has been living in a common-law relationship with another woman.

Physical and mental status: Normal.

THEFT FROM INTERSTATE SHIPMENT

Sentence: Eighteen months.
Case No.: 38289.

Offense: Theft from interstate shipment (probation violation).

Prior criminal record: (a) $75 fine and 3 months for larceny; (b) 3 months for simple larceny; (c) 1 year probation for breaking into service station; (d) placed on peace warrant for striking an infant while backing out of a driveway; (c) several traffic fines; (f) 60 days in city stockade for failure to appear in court; escaped from stockade. Details of offense: Subject and a companion stole from a terminal company a case of towels valued at $136. Placed on probation, he violated the conditions by failing to report to his probation officer, failing to keep his probation officer advised of his whereabouts, and by escaping from the city stockade where he had begun serving a sentence for numerous traffic violations.

Sentence: Ten years. Case No.: 37720. Offense: Theft from interstate shipment (probation violation).

Prior criminal record: (a) Admonished on four occasions when suspected or accused of attacking an adult in an alley, knife fight in a bowling alley, burglary, and fighting; (b) 2 restrictions to area, 1 reduction in rank, and eventual undesirable discharge from Army for absence over leave, breaking restrictions, and late from liberty.

Details of offense: Subject and two companions stole from a railroad car some women's apparel valued at $400. Placed on probation, he violated the conditions by incurring a jail term for disorderly conduct.

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