Sentence length: Interactions with race and court

Sentencing research tends to focus on two questions. First, do some categories of offenders receive substantially different sentences than do other categories of offenders, for the same or similar offenses? Second, do some courts give substantially different sentences, when compared to other courts, for the same or similar offenses? Focusing on these questions, researchers have typically examined the impact of three types of variables on either sentence length or sentence type: defendant status variables (e.g., race, education), extra-legal process factors (e.g., court, plea), and legal factors (e.g., seriousness of offense, prior convictions). Study results have been contradictory and inconclusive.The problem with sentencing studies is that only main effects are examined. A more appropriate model is one that contains the interactions between the defendant's race (black/white) and the other independent variables, and the interactions between the court's locale (urban/rural) and the other independent variables.Using data collected in 1978 on 412 male prisoners in Maryland, four interaction terms were found to contribute to an understanding of sentencing decisions. It was found that blacks received longer sentences than whites, net of all other variables. However, whites received lengthier sentences for more serious offenses. In comparison to blacks, whites received lengthier sentences when they used more court resources. It was found that rural jurisdictions give lengthier sentences than urban jurisdictions, net of all other variables. However, in comparison to rural courts, urban courts give lengthier sentences when the defendant uses more court resources. More serious offenses receive lengthier prison terms in rural, as compared to urban, courts.     

Judges’ sentencing decisions with older offenders

Older offenders tend to be treated with more leniency in the criminal justice system. A number of studies show that older offenders are less likely to be incarcerated, and when they are incarcerated, are more likely to receive shorter sentences. However, to date, no research has directly examined why such leniency occurs. This study asked U.S. state trial court judges to reflect on their sentencing practices with older offenders and to rate the factors considered most important when sentencing this population. Responses were received from 212 judges. Only 31% of judges acknowledged treating older offenders with greater leniency. These judges also indicated that they predominantly rely on legal factors when making decisions about sentencing with older offenders rather than factors specifically associated with age. Only cognitive impairment was identified by judges as one of the five most important factors to consider when sentencing older offenders. These results are discussed in terms of judges’ awareness of how they weigh information to make legal decisions. The influence of judges’ age and attitudes about aging on sentencing decisions are also explored.     

RACE,HOMICIDE SEVERITY,AND APPLICATION OF THE DEATH PENALTY: A CONSIDERATION OF THE BARNETT SCALE*

This study uses the Barnett scale of homicide severity to analyze the capital sentencing process in Kentucky. In his analysis of Georgia cases, Barnett found that whites were disproportionately the victims of homicides that the scale considered as most serious. This conclusion was cited as an explanation for racial disparity in capital sentencing. When the scale is applied to Kentucky data and the level of seriousness of the murder is controlled, however, we Jind that prosecutors were more likely to seek the death penalty in cases in which blacks killed whites and that juries were more likely to sentence to death blacks who killed whites.     

SOCIAL BACKGROUND AND THE SENTENCING BEHAVIOR OF JUDGES*

This paper explores the extent to which the social background of judges affects their sentencing behavior. An analysis of data on felons convicted in Georgia suggests that background has little direct bearing on sentencing outcomes. Instead, it conditions the weight judges attach to legally relevant and social background factors. Expectations about the role of the judge's age, religion, prior prosecutorial experience, and local background received mixed support. Older judges were selectively more punitive than their younger colleagues, but they did not direct this punitiveness toward disadvantaged offenders. Nor was there evidence that male judges were paternalistic toward female offenders. Baptist and Fundamentalist judges also sentenced more punitively, but they were not more likely than other judges to discriminate against black or disadvantaged offenders. Rather, they appeared to hold white and older offenders to a higher standard of behavior. Former prosecutors were selectively punitive and applied the law more uniformly than nonprosecutors. Local judges appeared to be more responsive to public demands for incarceration and sentenced more particularistically. These results illustrate the importance of considering judicial background in conjunction with case attributes, and they underscore the need for research that increases our understanding of judicial background as a conditioner of differential treatment during sentencing.     

Individualization,criminalization, or problem resolution: A factorial survey of juvenile court judges' decisions to incarcerate youthful felony offenders

Existing research on the criteria used by juvenile court judges in choosing dispositions is limited in two respects. First, the predictor variables included in most investigations have been limited either in number or in the quality of their measurement. Second, research has not focused on sentencing decisions for serious offenders. Using a factorial survey of juvenile court judges, the present study seeks to determine what factors shape disposition decisions for juvenile felony offenders. The results suggest that judges focus primarily on offense characteristics, and are influenced only marginally by the offender's social characteristics. These findings are more consistent with the view that juvenile courts are becoming “criminalized” than with the view that individualized treatment is the goal. An alternative interpretation—that judges may be problem solvers, trying to dispose of cases efficiently—also is proposed.     

TERRORISM,POLITICS, AND PUNISHMENT: A TEST OF STRUCTURAL-CONTEXTUAL THEORY AND THE “LIBERATION HYPOTHESIS”*

The sentencing literature generally has been characterized by an inability to explain Significant amounts of the variance in sentencing outcomes. Two major theoretical explanations have addressed this issue: structural-contextual theory and the “liberation hypothesis.” Structural-contextual theory suggests that the components of the justice system traditionally work somewhat independently of one another. This theory suggests that variance explained in sentence outcomes will increase appreciably when components function with greater interdependence—a so-called “tightening” or “coupling” effect. Such tightening supposedly takes place when particular cases are given high priority for investigation and prosecution. An example of this situation might be domestic terrorism. The liberation hypothesis suggests that the greater the severity of an offense, the less likely judges or juries will feel free to follow their own sentiments regarding guilt and punishment. As a consequence, the ability of legal variables to predict variation in sentence length will be greater as crime severity increases. This study compares a sample of officially designated terrorists matched with nonterrorists convicted of the same federal offenses. OLS regression and structural equation modeling procedures are used to compare the levels of explained variance for the two groups. The results indicate strong support for the basic premises of both theories. Explained variance for the terrorist sample is more than four times greater than the explained variance for the nonterrorist sample. Further analysis shows that explained variance is highest for terrorists who have committed a high-severity offense and lowest for nonterrorists who have committed a low-severity offense. The subsequent addition of other predictor variables available only for the terrorist sample further increases the explained variance and provides additional support for the liberation hypothesis.     

Attitudes toward sentencing guidelines and simulated sentencing among Missouri circuit court judges

This study examines attitudes toward sentencing guidelines and simulated sentencing practices among Missouri circuit court judges. In addition, the study investigates the efficacy of sentencing workshops by comparing judges who attended or did not attend workshops. All Missouri circuit court judges were mailed surveys and 97 judges responded. Results indicated that judges generally felt positive toward Missouri’s voluntary sentencing guidelines, but often failed to refer to the guidelines when sentencing sample cases. Attendance at a sentencing workshop was not associated with attitudes about Missouri sentencing guidelines or sentencing in simulated cases. Sentencing in simulated cases varied by nature of the crime and circuit type. Judges from metropolitan areas tended to sentence more leniently than judges from rural areas. In their written comments, many judges expressed fear about the possibility of mandatory guidelines. Results suggest that there is ambivalence among Missouri judges over the acceptance and use of sentencing guidelines.     

Judicial Narratives of Ideal and Deviant Victims in Judges’ Capital Sentencing Decisions

Although the Victim’s Rights Movement has led to advances for victims of crime, the use of victim impact evidence in criminal trials remains controversial due to the suspicion that such evidence enhances punitive attitudes and arbitrariness in capital sentencing outcomes. Despite a growing body of literature in this area, it remains unclear if some victims are viewed more favorably than others, particularly from the perspective of judges. The current study examines the construction of victims by judges in capital cases and how this portrayal impacts sentencing outcomes in Delaware, which vests the final capital sentencing authority in judges rather than juries. In examining this gap in the literature, we consider if judges make distinctions between ideal and deviant victims, if these distinctions are associated with victim and offender characteristics, and if the construction of victims impacts offender sentencing. Findings from this study lend support to the idea that judges describe some victims as more “worthy” than others, that victims described in ideal ways are more likely to be white and female, and that “ideal victims” are more likely to result in death sentences.     

Conditional Race Disparities in Criminal Sentencing: A Test of the Liberation Hypothesis From a Non-Guidelines State

Objectives

To test the liberation hypothesis in a judicial context unconstrained by sentencing guidelines.

Methods

We examined cross-sectional sentencing data (n = 17,671) using a hurdle count model, which combines a binary (logistic regression) model to predict zero counts and a zero-truncated negative binomial model to predict positive counts. We also conducted a series of Monte Carlo simulations to demonstrate that the hurdle count model provides unbiased estimates of our sentencing data and outperforms alternative approaches.

Results

For the liberation hypothesis, results of the interaction terms for race x offense severity and race x criminal history varied by decision type. For the in/out decision, criminal history moderated the effects of race: among offenders with less extensive criminal histories blacks were more likely to be incarcerated; among offenders with higher criminal histories this race effect disappeared. The race x offense severity interaction was not significant for the in/out decision. For the sentence length decision, offense severity moderated the effects of race: among offenders convicted of less serious crimes blacks received longer sentences than whites; among offenders convicted of crimes falling in the most serious offense categories the race effect became non-significant for Felony D offenses and transitioned to a relative reduction for blacks for the most serious Felony A, B, and C categories. The race x criminal history interaction was not significant for the length decision.

Conclusions

There is some support for the liberation hypothesis in this test from a non-guidelines jurisdiction. The findings suggest, however, that the decision to incarcerate and the sentence length decision may employ different processes in which the interactions between race and seriousness measures vary.

     

Revising Images of Public Punitiveness: Sentencing by Lay and Professional English Magistrates

England grants unusually broad responsibility for sentencing of criminal offenders to voluntary part-time lay magistrates who, like their legally trained professional colleagues, sentence a wide range of offenders. Using simulated cases, archival analyses, and observational techniques, this article compares the sentencing decisions of the lay and professional magistrates in London. The study reveals no evidence of the lay preference for more severe sentencing that is typically shown in public opinion polls. The extent to which legal training, court experience, panel decisionmaking and role within the court system can explain the relative leniency of the lay magistrates are considered Consistent with results from other studies, these findings suggests that when laypersons assign sentences to particular offenders rather than express generalized satisfaction or dissatisfaction with current sentencing practices, laypersons are no more punitive than professional judges.     

Two models of formal social control

In recent years there has been an increasing concern with the link between judicial decisions and the socio-political attributes of the environment in which courts function. Little attention has been paid to the link between attorneys' advice and that same court environment. This study fills the gap.In this paper two models of formal social control are developed—a legalist and a decentralized model. The effect of this environmental factor on attorneys' forum advice is examined.Forum advice data were collected on 143 attorneys in Maryland, Louisiana, and Texas. The data were analyzed using analysis of variance for repeated measures. It was found that a state's adopted model of formal social control does affect attorneys' judge-jury advice. Attorneys in legalist states are more likely to advise the judge trial than are attorneys in decentralized states. This effect was mediated, however, by the race of the client, the racial composition of the community in which the case was to be heard, and the seriousness of the offense. With increasing levels of legalism, attorneys representing blacks based their judge-jury advice on both the seriousness of the offense and the racial composition of the community in which the case is to be heard. With increasing levels of legalism, attorneys of white clients based their forum advice solely on the seriousness of the offense.     

Lawlessness in the Federal Sentencing Process: A Test for Uniformity and Consistency in Sentence Outcomes

One of the important goals of the federal sentencing guidelines was to reduce inter‐judge disparity in sentencing. In this paper, we test the assumption that structuring discretion produced uniformity in federal sentencing and consistency in the process by which judges arrive at the appropriate sentence. We also examine whether background characteristics of judges affect the sentences they impose on similarly situated offenders. We used hierarchical linear modeling, nesting the offenders in the judges that sentenced them in order to examine the sentencing decisions of federal judges in three U.S. District Courts. While we found that significant variation between judges in sentencing is largely accounted for by our level 1 characteristics, we also found that judges arrive at decisions regarding the appropriate sentence in different ways, by attaching differential weights to several of the legally relevant case characteristics and legally irrelevant offender characteristics.     

Risks of Criminal Victimization in Contemporary Urban China: An Application of Lifestyle/Routine Activities Theory

The philosophical underpinnings of youth courts rest on the notion that youths are less culpable and more reformable than adults. Some scholars argue that, ideally, when sentencing youth crime, judges should engage youthful offenders in moral communication to elicit change. But do they? What more generally do judges say to the youths? This paper analyzes the frequency and content of judicial censure and moral communication in the sentencing of youth sex offenders. Drawing on the sentencing remarks for 55 sexual violence cases, we examine the ways in which judges interact with youths and censure the offenses, and what, if any, normative guidance they give concerning gender, sexuality, and violence. We found that in most but not all cases, the judges censured the offending as both a moral and legal wrong. However, they spent more time discussing a youth’s future than past behavior, as they sought to elicit change. The judges did not degrade or exclude the offenders; rather, they addressed them in a spirit of reintegration, as worthy individuals with future potential. Although the judges set norms of appropriate sexual behavior to the youths when the offense victims were children, they did not always do so when victims were female peers. In this Youth Court, “real rape” was sexual offending by a youth against a child under 12 years of age. By contrast, in about one‐fifth of cases, all of which occurred against a female peer, the offending was censured only as a legal wrong (a “pseudo censure”) and less likely subject to judicial norm setting.     

From Bail to Jail: The Effect of Jail Capacity on Bail Decisions

One of the more important decisions made by judges in the criminal justice system is the bail decision. Factors that judges take into consideration when making a bail decision, such as seriousness of the offense, flight risk, and public safety, are typically seen by researchers as the primary determinants of such a decision. However, one aspect that researchers have not studied extensively—rated jail capacity – could play an important role in a judge’s decision. Overcrowding in jails leads to numerous problems, both for the offender and the system itself, so judges may be more willing to release offenders into the community during the pretrial period if the local jails are overcrowded. The current study examines the effect of rated jail capacity on decisions regarding bail amounts, release on recognizance (ROR), financial release, and conditional release in eight Florida counties. Results indicate that rated jail capacity plays a role in judges’ bail decisions, suggesting that judges are concerned about housing more pretrial offenders in crowded jails.     

A sociolegal analysis of Canadian youth justice: The impact of offender's race on judicial decisions

There is evidence to suggest that even within ostensibly egalitarian systems of justice young offenders are, at least in part, socially selected. Police, court workers, lawyers, and judges make prejudgments of young offenders on the basis of extralegal as well as legal factors. This study examined the influence of extralegal variables, especially offender's race, on judicial outcomes including detention on arrest, plea, adjudication, and sentencing. While the principal focus was the effect of offender's race, the effects of other attributes including sex, age, family support, and counsel status were incorporated into the analysis to present a comprehensive explanatory model of justice.Loglinear/logit modelling techniques were employed to assess the simultaneous effects of social and legal variables. In summary, the data consistently supported the claim that at all levels of the justice process extralegal variables, most noticeably race, had a substantial systematic influence on judicial decisions, especially when seriousness of offense and criminal record were controlled. Most importantly, the study showed that the effects of race occured primarily in interaction with both legal and extralegal factors.     

Courtroom Context and Sentencing

This study provides an evaluation of the major policy shift in sentencing practices over the past half-century – namely the shift from indeterminate to determinant sentencing policies and the use of sentencing guidelines. The theoretical literature on courtroom organization and focal concerns informs this evaluation of determinate sentencing practices in Florida. Drawing from prior theoretical and empirical research, hierarchical linear and generalized linear models are estimated to assess courtroom effects on individual level sentencing outcomes. The findings document that location matters when sentenced in Florida. Specifically, the likelihood of being sentenced to prison and the length of sentence varies across counties, even after controlling for individual case and offender characteristics and a variety of contextual characteristics. Additionally, the influence of legal and extra-legal factors on prison in/out and sentence length decisions varies significantly across counties. Several court characteristics, including court size, caseload pressure and trial rate assert direct influence on a county’s likelihood of prison in/out and mean sentence length decisions.

     

Formation and change in lay evaluations of criminal sentencing

In public opinion polls, a substantial proportion of lay respondents report that judges are too lenient. We examine the factors that contribute to this perceived judicial leniency. The majority of lay respondents in our study said that judges are too lenient in their sentencing of burglary offenders; yet, their own sentencing preferences were more lenient than the required minimum sentence for residential burglary. Our survey and experimental data suggest that citizens' opinions are formed by their inaccurate impressions of the seriousness of actual criminal cases as well as actual judicial sentencing practices. Our experimental research indicates that opinions of judicial leniency can be changed by providing respondents with an example of the typical case that comes before the court. Directions for future research are discussed.We wish to express gratitude to Patti Vea, who, under the supervision of the first author, collected and entered the data from mass transit riders. We are indebted to Judge Warren Wolfson, Court Administrator Jeff Arnold, Chief Judge Harry Comerford, and Judge Frank W. Barbaro and his jury pool officers who gave us permission and assistance in obtaining juror participation for this research. We would like to thank Tom Tyler and Patrick McAnany for their insightful comments on earlier drafts, and editor Ron Roesch and three anonymous reviewers for their helpful suggestions.     

SOCIOECONOMIC DISPARITIES UNDER DETERMINATE SENTENCING SYSTEMS: A COMPARISON OF PREGUIDELINE AND POSTGUIDELINE PRACTICES IN MINNESOTA*

After a brief review of determinate sentencing systems, this study examines the impact of Minnesota's determinate sentencing law on various presentence and sentencing outcomes. Using comparable pre- and postguideline measures, the results of this study suggest that Minnesota's reform effort was largely successful in reducing disparity within the scope of the new guidelines. However, although the direct impact of socioeconomic attributes of the offender diminished, these characteristics continued to influence sentencing decisions indirectly through various presentence decisions and case attributes not governed by the guidelines Different models of charge bargaining and sentence negotiations are also observed when pre- and postguideline models are compared. Yet, the determinants of these time-specific models are not consistent with the assumptions of a circumvention argument. The paper concludes with suggestions for further research evaluating the impact of determinate sentencing systems on achieving social neutrality in the application of criminal sanctions.     

Outcomes of civil protective orders: results from one state

This study compares final sentencing decisions ordered by judges to federal and state sentencing guidelines for protective order violations. The authors reviewed violations that were pled before the largest district court in Utah and found that in the majority of cases, defendants were not sentenced in accordance with federal and state guidelines. Although state guidelines mandate defendants who violate a protective order to attend a batterer intervention program, less than one fourth of defendants were sentenced to attend such programs. Fewer than half of the defendants were arrested and incarcerated, as opposed to the 100% mandated by state sentencing guidelines. Federal guidelines mandate that all defendants be ordered to surrender firearms, but only six defendants were given that order. This study shows that the judicial system could be more aggressive in improving the safety of victims of intimate partner violence by using the full extent of the sentencing guidelines.     

PATHWAYS TO SEX-BASED DIFFERENTIATION IN CRIMINAL COURT SENTENCING

Using a matched sampling method, this research examined the process of sex-based differentiation in sentencing outcomes for 194 men and 194 women, sentenced over a seven-year period in Christchurch, New Zealand. Consistent with past research, our results showed that judicial processing treated women more leniently than men. Path analyses revealed that judges were less likely to sentence women than men to imprisonment terms because of gendered information and decisions made earlier in the judicial process, such as criminal history, length of custodial remands, and pre-sentence recommendations by probation officers. In contrast, judges exercised considerable leniency towards women (compared with men) in setting the length of prison terms, even after statistically controlling for all sex-differentiated factors such as criminal history. Explanations and implications are discussed.