criminal defendents, criminal sentencing, sentencing guidelines, prosecutorial discretion, uniform sentencing, prosecutorial misconduct, state commission, justice
Abraham Davis is a resident of Fort Smith, Arkansas—and a convicted felon. In May of 2017, the Sebastian County Circuit Court, Fort Smith District, charged Davis with criminal mischief in the first degree, as a Class D felony, for purposely destroying the property of another. Davis’s charge resulted in a criminal sentence ranging from as little as probation to as much as 6 years jail time and/or up to $10,000.00 in fines. This sentencing determination is generally allocated to the judge and prosecutor. However, victim intervention persuaded the court to release Davis on probation, sparing him from a much harsher sentence. Were it not for victim interference, the court stated, it “would not have done [probation] . . . . [Davis] would have gone to trial, and there is a good chance [he] would have gone to prison.”
Same Grid, Different Results: Criminal Sentencing Disparities Between Arkansas Counties,
73 Ark. L. Rev.
Available at: https://scholarworks.uark.edu/alr/vol73/iss1/13