COMPARATIVE STUDY OF PENAL SEVERITY - SOME METHODOLOGICAL CONSIDERATIONS

• NCJ Number: 59773
• Journal: International Annals of Criminology Volume: 17 Issue: 1 & 2 Dated: (1978) Pages: 209-222
• Author(s): P N GRABOSKY
• Date Published: 1978
• Length: 14 pages
• Corporate Author: Societe Internationale de Criminologie
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: France

Annotation

TECHNIQUES FOR RESEARCH ON PENAL SEVERITY ARE PRESENTED WITH EMPHASIS ON THE PROBLEMS OF CONCEPTUALIZATION AND MEASUREMENT, AND THE ISSUES OF COMPARABILITY AND EQUIVALENCE IN ALTERNATIVE RESEARCH DESIGN.

Abstract

ALTHOUGH SOME PROBLEMS IN RESEARCH METHODOLOGY FOR STUDIES OF PENAL SEVERITY MAY PROVE INSURMOUNTABLE, ENOUGH OF THE PROBLEMS CAN BE MITIGATED TO WARRANT SOME INQUIRY INTO THE SUBJECTIVE AND OBJECTIVE EFFECTS OF PUNISHMENT. THE MOST SOPHISTICATED DISCUSSIONS OF THE INHERENT SUBJECTIVITY OF PENAL SEVERITY ASSERT THAT PENAL SEVERITY TAKES ON MEANING ONLY WHEN EXPERIENCED AGAINST LIFE AT LARGE. THUS, THE SEVERITY OF A DAY'S DEPRIVATION OF LIBERTY HAS INCREASED IN MOST SOCIETIES OVER THE PAST CENTURY, AND THE EXPERIENCE OF INCARCERATION IS MORE GRIEVOUS IN SOCIETY IN WHICH LIFE IS ENJOYABLE THAN IN ONE IN WHICH IT IS DANGEROUS. BY FOCUSING ON PENAL SANCTIONS, IT IS POSSIBLE TO OVERLOOK THE SUBTLE INTERRELATIONSHIP BETWEEN THESE AND NONCRIMINAL OR INFORMATION CONTROLLING MECHANISMS WITHIN SOCIETY. HOWEVER, EXAMINATIONS OF SOCIETAL RELATIONSHIPS RAISE DIFFICULTIES IN MEASUREMENT. FROM AN EVALUATION OF ALTERNATIVE MEASURES, THE RESEARCHER CAN MOVE TO SELECT THOSE WHICH APPEAR MOST APPROPRIATE TO THE PARTICULAR TASK. MEASUREMENT OF STATUTES MAY BE ACCOMPLISHED BY USING THE DURATION OF IMPRISONMENT, OR THE LEVEL OF FINES. SEVERITY MAY THEN BE EXPRESSED AS THE MEDIAN SENTENCE IMPOSED, OR IN TERMS OF THE PROPORTION OF SENTENCES WHICH PASS A CERTAIN THRESHOLD. STUDIES SHOULD DISTINGUISH BETWEEN THE INTENSITY OF THE SANCTIONS, AND THE SCOPE OF THEIR APPLICATION. ALTHOUGH THE PANEL DESIGN SEEMS ADVANTAGEOUS FOR INITIAL INQUIRIES, NO ONE DESIGN OR MEASUREMENT TECHNIQUE CAN HOLD THE KEY TO A GENERAL THEORY OF PENAL SEVERITY. BASIC DESIGN STRATEGIES, SPECIFIC ANALYTIC FRAMEWORKS, AND TIME SERIES ANALYSES ARE DISCUSSED. A SEVERITY FORMULA AND A BIBLIOGRAPHY ARE PROVIDED. (TWK)