APPENDIX B SCHEDULE USED IN COLLECTING JUDGES' VIEWS CONCERNING RELEASE PROCEDURE Form CA-1S. SUPPLEMENTAL COURT SCHEDULE (ADMINISTRATIVE) (Courts of General Criminal Jurisdiction) 1. During the course of trial, what circumstances of mitigation or aggravation tend to influence the judge frequently, in addition to the facts in evidence, in fixing the sentence and the form of disposition to be made (observation of court practices and indirect questioning should be the basis of this inquiry as much as possible)__ 2. What characteristics of defendants, such as age, sex, race, nativity, marital status, number of dependents, etc., influence the judge unfavorably (longer sentences and more severe dispositions) (a) Irrespective of offense (b) In certain offenses only (specify) 3. What characteristics of defendants, such as age, sex, race, nativity, marital status, number of dependents, etc., influence the judge favorably (for shorter sentences and more lenient dispositions) (a) Irrespective of offense (b) In certain offenses only (specify) 4. (a) What information from the case history, aside from the facts in evidence, does the judge utilize in fixing the sentence and the disposition (b) Is this information available in all cases (c) If the information is available only in certain cases, specify the types of cases in which it is usually available 5. (a) Where case history information is required, who is responsible for securing such information (b) How is it obtained (c) How detailed and exhaustive is it (include sample case histories where possible; where unable to obtain representative samples, describe in detail just what kind of information is available) (d) Who else beside the judge makes use of the case history (court psychiatrist, others-specify) 6. (a) To what extent is the imposition of sentence influenced by the testimony of the accused (b) By a plea for leniency by the accused (c) By a plea of guilty (d) By the subject turning state's witness where more than one offender is involved III. IDEOLOGY OF THE JUDGE: 1. (a) What is the attitude of the judge with regard to probation (that is, does he regard the practice as desirable). (b) Does he regard probation: (1) As a form of leniency (2) As a form of correctional treatment (3) Other (specify) (c) What type of offender is suitable for probation, according to the judge (d) What does the judge think should be the duties and qualifications of probation officers (e) Has the judge any definite views as to how to improve probation work (f) Does the judge believe that the court should maintain contact with cases after the imposition of sentence (g) If yes, how does he believe this should be accomplished 2. What are the judge's views with regard to adequacy of present courts in meting out sentences 3. Would the judge favor that sentence be fixed: (a) By a board or a group independent of the judge (specify makeup of board) (b) A board which includes the judge as a member (specify membership of board) (c) The judge with the advice of a board (specify membership of board) (d) Other (specify) 4. Does the judge believe that the work of the court is complete(a) When subject is convicted (b) When sentence is pronounced (c) Only when entire sentence has been served 5. Does the judge favor indefinite, indeterminate, or fixed sentences (give his views in detail where possible) 6. What in the opinion of the judge are the primary objectives of criminal law: (a) Punishment (b) Protection of society (c) Other (specify) 7. Parole: (a) Does the judge favor parole (b) In what types of cases (c) Under what conditions 8. What does the judge regard as the object of parole (leniency, rehabilitation, sufficient punishment, etc.) 9. (a) Does the judge believe that the court should fix the time for parole (b) That the court should have a voice in fixing the period of parole (c) That parole should be granted by a qualified board independent of the court but connected with the institution (d) By a qualified board independent of the court and the institution (e) Other views of judge as to paroling authority and basis of selection for parole (describe in detail) (f) What reasons does the judge give to justify his views as to who should parole and what types of cases should be paroled 10. (a) Does the judge believe that parole supervision should be under the control of the court (b) If so, for what reasons (c) In the opinion of the judge what authority or authorities should have power to apprehend parole violators (give his views in detail) 11. Does the judge believe that parole revocation should be a function of the court (give his views in detail) 12. How in the opinion of the judge can society reduce prevalence of crime (give his views in detail) Remarks: (Signature of regional director) (Signature of official) (Other than regional director) |