Attorney User Manual
Contents
1. If you have made changes from the defaults click on Recalculate at the bottom of this frame to generate a new bar chart il l Ilx Charge Recidivism Profile Select offender profile The Profile tab when clicked displays the variables the mentencse will be aneliced E e matching the following current profile program has set by default based on what data it has about Violent Crime Record the offender you have chosen to sentence Note that the check boxes displaying those variables are not mutually C Major Ts exclusive you can check more than one in each category to broaden the cohort of offenders whose performance after sentencing for a similar charge is displayed in the bar chart in correlation with sentencing elements Drug Crime Record Note that the graphic displayed is composed of several screen shots pieced together to display the entire frame accessible via the scroll bar tenner feane We have divided criminal history into six themes whose severity level is established by data rules stored in a P mee DUII Major Traffic Crime Record x table That table is accessible via the help link at the None lower right of the screen on which you enter a case number the next screen after signing in which you also reach by E zi e cc 99 Domestic Violence Crime Record This rating selecting New Search from the bottom of the right f2. Note that the screen first appears with count one of the original charging instrument displayed in the top window under Selected Charge Clicking on any of these will ee anos J replace the charge in the top Other Charges window though here they re SAVES RT EE ALETE CANY e 66 Case Charges all the same Other 475 992 Manu Del oss of CS Charges is a drop down list 475 992 Manu Del Poss of CS 475 992 Manu Del Poss of CS through which you can scroll 475 992 Manu Del Poss of CS 475 992 Manu Del Poss of CS to any statute or ordinance 475 992 Manu Del Poss of CS et babble naan defining a state or municipal crime You can also use the Charge Selection Please select the sentencing charge below The primary charge for the selected offender s current court case is selected as a default Other Charges 033 01 0 Contempt of Court 033 015 Contempt of Court top window to type ina 059 055 Sell Fraud Unlic Sec statute number or a charge m Submit name or part of aname to search the entire list try it with theft and you will see that repeated clicks on the Search Find Next button will take you to successive instances of theft in the list When you click on submit you will see a transition screen with an animated small 3D bar chart icon This will let you know the program has not crashed while it assembles all offenders who are like the one you re sentencing based on data a
3. click on that green bordered box s radio button then make your charge theme selection Scrolling down with the scrollbar at the right of this frame allows you to specify for any selection you ve made Charge Class e g A B C potentially useful for drug charges and or Charge Level e g Felony Misdemeanor The Sanction Evaluation Bench vs All allows you to specify the subcategory of data for which formal probations do not exist helpful for some levels of crime in which the only useful data is recorded by the Court Administrator Recalculate New Search Exit a lol x Charge Recidivism Profile select offender crimes Analyze sentences for the following charges r Any Charge ii Measure 11 rime Theme C Violent Crimes Sex Crimes Drug Crimes O BUI Major Traffic Crimes C Property Crimes Domestic violence r ORS Subchapter Abuse Public Office Arson Assault c ORS Charge Search Find Mext Case Charges 475 992 Manu Del Poss of CS 475 992 Manu Del Poss of CS 475 99 Manu Del Poss of CS 475 99 Manu Del Poss af CS 475 99 Manu Del Poss of CS 475 992 Manu Del Poss of CS Charge Class None Class A E d ka Charge Level None Felony Sanction Evaluation This image is composed of several screen shots pieced together to display the entire frame accessible via the scroll bar
4. example the offender before the court has a substantial record of violence Also by way of example when sentencing a drug offender sentencing choices may seem similar by way of correlation with drug recidivism but display a choice with interesting correlations by way of property crime or domestic violence recidivism All available time for convictions that occurred The date range variable at the very bottom of this frame allows a user to vary the time slice of data which the program analyzes Although a user would generally have no reason to restrict this range 1t might be useful for example to limit the analysis to the period of time that a change in sentencing options or program availability applied Again click on Recalculate to see a new bar chart if you ve changed any variables New Search takes you to the Welcome to DSS Justice Sentencing Support screen page 5 Exit returns you to the DSS Justice main screen if you haven t timed out d Some Considerations and Tips on Using Sentencing Support Tools iil Note that there may be convictions unknown to DSS Justice At present we are largely limited to Multnomah County data Although this is generally true for all defendants in the data warehouse that supports these tools you will have a more accurate profile 1f you include any non Multnomah County convictions in the offender profile by ensuring that the boxes checked under the p
5. bout the offender in DSS Justice who have been sentence for similar charges based on the charge you just selected and a bar chart with one bar for each sentencing element that has been imposed at least 30 times on a similar offender sentenced for a similar charge b The bar chart and table The height of each bar represents the percentage of similar offenders who received that sentencing element who did not recidivate by the default measure of recidivism chosen by the program any conviction for a similar charge within three years of being sentenced When the program is through assembling and charting it will display the first result screen of which a sample appears on the next page The most frequently imposed bar is displayed first on the left with subsequent bars displayed in decreasing frequency to the right instances below 30 do not have a bar a rough equivalence of statistical significance but a complete table of all data is available DSS Justice Sentencing Support Microsoft Internet Explorer provided by Multnomah Courts aigi x Case Number MEEME Offender Name Charge Recidivism Profile The effectiveness percentages below are more stable when a larger number of Current Selections sanctions preferably greater than 30 are being evaluated Sentences were analyzed for the following charges Sentencing Support Results Charge Type Crime Theme Charge Theme Drug Charge Sub Categ
6. by which the program computes the bar heights By default the program chooses an outcome measure of any conviction within three years after aa re a sentencing of a similar offender for a new charge for a similar charge So for this offender who is being sentenced for a drug crime the Recidivisrn will be measured by a default variables are a conviction for any drug crime within 3 years after sentencing ar Note that these are radio buttons selecting one Misdemeanor in any category unselects another Select recidivism measure Users can change the scope and nature of crimes for which a conviction is included in analyzing the cohort s performance by counting arrests rather than convictions and by increasing or decreasing the time within which a conviction or arrest if selected is counted occuring within At present any qualifying event e g and arrest for a drug charge within 3 years after sentencing with the variables as depicted in the graphic constitutes a failure rendering the incident one which is not crime free for purposes E onos E EES of calculating the percentage and thus the bar and November 2001 height for the sentencing element involved In the future we hope to have a way to see degrees of Recalculate New Search Exit recidivism A user might want to look at violent crime recidivism by theft offenders where for
7. e net by using one or more of these approaches this is a suggested order in which to experiment 1 Choose Any Charge from the Charge tab page 5 2 Broaden the age range gender if default is female or ethnicity if not white in the Profile tab page 6 3 Broaden the seriousness levels of the related crime theme Record in the Profile tab by checking one or both boxes on either side of the box checked by default but I would not recommend changing a none theme unless there is a basis in the offender s history or presently pending charges for doing so 4 Uncheck all age range boxes this picks up the substantial number of records for which age data is deemed invalid 5 Uncheck both gender boxes this picks up the substantial number of records for which gender data is deemed invalid Note that if age or gender first appears as unknown this selects for records in which there is an entry of unknown or its equivalent to get all records for which data is either invalid or any value is established you must enter a value recalculate then uncheck the value and recalculate again Remember however that the wider the net the less useful the correlations you will see On the other hand through these tools you will have far more information about what has worked on which offenders than commonly available in any court in the world iv Narrow the cohort if you have abunda
8. ions which occurred 30 or more times in this cohort are charted here All sanctions from this cohort are in the table below Sanction Type wio Recidivism of Sentences Charge Sub Category Formal Prob 13 18 Months 83 58 67 Charge Drug Package 80 77 52 Charge Class all_values Drug Treatment Pgm 87 76 49 ee No Freq Place Where Drugs 89 13 46 a atlas T Jail 4 10 days 86 67 30 Se _ Formal Prob 25 36 Months 86 96 a Recidivism was measured by a conviction Work Release 90 48 21 for any drug crime Community Sve Work 70 95 19 occuring within 3yr No Firearms 64 21 19 for convictions that occurred between Formal Prob 19 24 Months 86 67 lS 01 1988 and 01 2002 Jail 11 30 days 71 43 14 Alcohol TEE Pgm 85 71 oF 7 Sentences will be analyzed for offenders Alcohol Package 66 67 6 matching the following profile Formal Prob 7 12 Months 66 67 6 Violent Crime Record None Forest Work Camp 80 5 Sex Crime Record None Corrections 66 67 3 Obtain GED 66 67 3 aor Rome er oTa None Antabuse If Medically Able 50 2 DUITraffic Crime Record None Jail 31 45 days 100 2 Property Crime Record None Jail 6 12 months 100 2 DV Crime Record None rt pape ae Criminal History Category H ail 46 60 days 6 poe cee Straight Time 4 10 Days 100 1 Seer een eee No Entry Bar Tavern OLCC outlet 0 1 ay 5 Total Sentences Evaluated 395 Age 26 30 Gender Male Note the Charge Recidivism and Profile tabs at the to
9. l Sentencing Support Tools user manual for defense attorneys Michael Marcus June 10 2002 Overview and Cautionary Note Multnomah County s Sentencing Support Tools draw on Court Police Sheriff and District Attorney data so far to allow attorneys and judges to see how various dispositions have correlated with future criminal behavior for similar defendants when sentenced for similar crimes They are not intended to provide a sentencing decision or to displace judicial discretion or attorney advocacy but to help focus sentencing hearings and plea negotiations on public safety outcomes Users should be mindful of the following limitations a Multnomah County s tools are for the time being largely constrained to Multnomah County data Offender profiles will rarely reflect past convictions from any other jurisdiction so it is important to verify that the default profile settings accurately reflect the defendant s criminal history Ratings within each of the six crime categories are based on rules reflected by the The Crime Theme None to Severe Rules available on this site via the help link on the page you see at the bottom right of the page you get to after signing in or after clicking on New Search from other pages b Not all data suppliers have validated data to their satisfaction at the offender level and our ability to link records with reliability is less than perfect due to imperfection of data entry These to
10. nt data If you have a lot of data many bars in the chart and a large total in the table under the chart you may be able to refine the cohort by making modifications under the Charge tab By default the radio button titled Crime Theme is checked to narrow the cohort 1 click on the ORS Subchapter radio button and select an ORS subchapter by title such as Assault or Theft using the scroll bar and clicking on the chapter or 2 click on the ORS Charge radio button and select a specific statutory charge in the same manner as selecting the charge on which to sentence p 6 infra 3 In addition you may narrow further by specifying a Charge Class and or Charge Level near the end of the Charge tab frame Narrowing the cohort in these ways gives you offenders that are more comparable with the one before the court than those selected by default because it more narrowly defines the present crime of conviction Your results are more likely predictive of outcome than the default if you are able to narrow the cohort than if you must accept the defaults e Printing and copying frames and screens 1 Print any frame by right clicking on it and using the menu commands File Print or the key combination Ctrl P By this method you may print variables when they appear in the right frame and the corresponding chart and table in the left frame both chart and table print when you click on the left frame Note to p
11. ols are designed to give as useful a glimpse as possible at aggregate data They do not dependably display causal relationships Although the point is to do our best to point sentencing arguments and decisions toward public safety the tools display correlations only It is up to advocates and judges to evaluate when and to what extent these correlations merely reflect descriptions or actually help make responsible predictions of what sentence is most likely to work c Although these tools profoundly improve our ability to compare sentences and outcomes for categories of defendants they surely do not reach all of the variables that may affect the outcome of a given sentence in a given case It is up to advocates and judges to examine and consider whether and to what extent specific circumstances affect how well the tools can help us select the best sentence for the offender before the court in the course of considering the public safety component of criminal sentencing juvenile delinquency dispositions and adult and juvenile probation decisions judges should consider and invite advocates to address the likely impact of the choices available to the judge in reducing future criminal conduct 1997 Oregon Judicial Department Resolution No 1 2 Accessing the Tools a The Multnomah County D Q S Courthouse provide access A at ah JUSTICE through a computer in room 302B get a key from the court Sentencing Support Kiosk administ
12. ory Charge ne ere Charge Class all_values 90 Charge Level all_values 80 Sanction Evaluation All oe Recidivism was measured by a conviction 50 for any drug crime 40 occuring within 3yr 30 for convictions that occurred between fs 01 1988 and 01 2002 i Sentences will be analyzed for offenders 2 oh at 2 matching the following profile a E 3 Violent Crime Record None z a 2 Sex Crime Record None oh J t a Drug Crime Record None 2 z E 3 DULTrafic Crime Record None a a Property Crime Record None Z g DV Crime Record None S E Criminal History Category H Z ee Offender Demo graphics Ethnicity White a Age 26 30 Gender Male Only sanctions which occurred 30 or more times in this cohort are charted here All sanctions from this cohort are in the table below xl below the bar chart the frame on the right displays the variables selected to produce the bar chart Use the scroll bar that separates the left and right frames to scroll down below the bar chart to the table of raw numbers those below 30 instances imposed on similar offenders for similar offenses show as red numbers 3 DSS Justice Sentencing Support Microsoft Internet Explorer provided by Multnomah Courts E malz 5 Charge Recidivism Profile u z Programs ections Sent s were ana d for the fo i charges Charge Type Crime Theme Charge Theme Drug Only sanct
13. p of the right frame you will use these to change variables The Charge Recidivism and Profile tabs viewing and changing the variables 1 The Charge tab when clicked brings up the category of sentencings for which like offenders performance is reflected in the bar chart Because you selected a drug charge in the Charge Selection screen page 6 above the program has defaulted to Drug Crimes Had you chosen a theft charge for example the default would be Property Crimes You can broaden or narrow the default by making any of the choices presented under this tab For example you might choose a different crime theme for an offender whose major social impact is through property crime or domestic violence or you might widen the net to include more offenders by selecting any charge at the top of the list You may also select by ORS subchapter or by ORS number under ORS Charge a search and drop list that works like the Charge Selection screen Note that radio buttons are mutually exclusive in the sense that clicking one unclicks another at the same level each box bordered in green is one level so selecting any box unselects another within each box you may only select one radio button so to select by ORS Charge you must select that green bordered box by clicking on its radio button then select the charge to go back to a Crime Theme
14. rame is based on convictions plus selected arrests f It screen where there was no conviction of any resu This Profile frame allows you to adjust the offender s Criminal History Category profile and hence the cohort whose performance in correlation with sentencing elements is displayed in the bar chart There are several reasons you might want to make these adjustments for example 1 To account for additions or corrections to the defendant s criminal record as where a conviction is from another county or state for the time being DSS Justice is limited primarily to Multnomah county data 2 To broaden the cohort by extending the age gender or ethnicity range to obtain more data Age 3 To determine whether a factor in the offender s a ule i had hth 21 2 36 4 circumstances such a drug invo vement mig t e ZARRAREN relevant even 1f it has not yet produced a conviction mees Cer Gender Note that the Criminal History Category block is greyed out because the reliability of OJIN criminal history ae data entry has been too low to make this variable useable to date We hope to be able to activate this variable set in the mico ite future Ethnicity Recalculate New Search Exit As with the other tabs if you make changes clicking on Recalculate will produce a new bar chart reflecting the new variables i The Recidivism tab reveals the outcome measure
15. rator s office in 236 if the Please enter your login information room is locked Some options are oe See limited on the Kiosk as noted e Password below Bar Mumber b From the desktop click on the Internet Explorer icon 8 Explorer c Enter Defense as User Name Password as Password and your Bar Number not bar number d Use the help link at the bottom right of the next screen to access the crime theme and severity rules an on line version of this manual and a cautionary memo concerning use of these tools 3 Using Sentencing Support Tools a Selecting case and charge Welcome to O55 Justice Sentencing Support The first step is the identification of the offender currently being sentenced Lise he form below to search for this indidual 1 When you reach the Welcome to DSS Justice Sentencing Support you need to ue identify the e ane eT EEE ee sentencing occasion Simply enter the OJIN case number which is unique to the defendant and to the case codefendants have Separate case numbers then click on the submit button T By ID Number Choosing the charge on which to sentence Use the next screen to choose the charge for which you are going to sentence the offender The hope is to compare the recidivism of similar offenders sentenced for similar charges your selection in this screen determines what you mean by similar charges
16. rint the left frame you must right click in the frame but not on the bar chart that will give you image options 11 Copy any text in a frame by highlighting it click and drag with your mouse then using the commands Edit Copy or the key combination Ctrl C You may then paste the selected text into an e mail message or any text program using Edit Paste or Ctrl V Note on the kiosk version there may be no other program in which to paste the result p 0 i Print both frames at once but only the portions visible on the screen by pressing the key combination Alt Prnt Scrn then using Ctrl V to paste it into a word processor program I set up a blank page in my word processor in portrait format first then paste and print Once a result is available in Sentencing Support it takes about 45 seconds to switch to my word processor WordPerfect paste the graphic and print three copies for distribution to counsel and court use Note on the kiosk version there may be no other program in which to paste the result so you will have to print left and right frames separately 4 Troubleshooting Suggestions and Support Technical Gail McKeel at gail h mckeel co multnomah or us Design policy Michael Marcus at michael h marcus OJD state or us
17. rofile tab correctly reflect the offender s criminal history under the rules in the table accessible via a the help link at the lower right of the page in which you enter a case number within the program you can reach this page by selecting New Search from the choices on the bottom of the right frame When experimenting with older cases remember that the profile will reflect the offender s criminal history and age as of the case you pull up without the sentence imposed in that case To make response times reasonable the tools rely on tables that are refreshed monthly although the data you see when you search by offender name 1s refreshed nightly into the data warehouse Each case is stored in a table showing the relevant data for each offender as of that case reflecting the offender s criminal history up to but not including that conviction When you pull up a current case for sentencing the program updates the offender s profile if necessary to include the most recent prior conviction in the offender s profile Expand the cohort if you have insufficient data There are certainly types of crime which are fortunately relatively rare when you narrow the cohort even further by accepting the defaults of age flavor of criminal history gender and ethnicity you can end up with no matching records or so few as not to yield enough for bars 30 or more per sentencing element You can get more data by widening th
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