DOES THE WEAPON MATTER? - AN EVALUATION OF A WEAPONS- EMPHASIS POLICY IN THE PROSECUTION OF VIOLENT OFFENDERS

• NCJ Number: 53366
• Author(s): P J COOK; D NAGIN
• Date Published: 1979
• Length: 79 pages
• Grant Number(s): 74-NI-99-0008; 75-NI-99-0111; 76-NI-99-0118; 77-NI-99-0060
• Sponsoring Agency: Ford Foundation; US Dept of Justice
• Corporate Author: INSLAW
• Sale Source: National Institute of Justice/; INSLAW
• Language: English
• Country: United States of America
• Note: PROMIS RESEARCH PROJECT

Annotation

THE RELATIONSHIP BETWEEN THE TYPE OF WEAPON USED IN THE COMMISSION OF A CRIME AND PROSECUTING AND SENTENCING DECISIONS IS EXPLORED IN THIS SURVEY OF RELEVANT CRIMINAL JUSTICE LITERATURE AND DATA.

Abstract

THERE WERE THREE PRIMARY RESEARCH QUESTIONS IN THIS STUDY: (1) SHOULD THE TYPE OF WEAPON INFLUENCE PROSECUTION AND PUNISHMENT DECISIONS; (2) IS THERE PRESENTLY A WEAPONS EMPHASIS IN EFFECT IN THE DISTRICT OF COLUMBIA SUPERIOR COURT; AND (3) WHAT POLICY REGARDING PROSECUTION IS APPROPRIATE FOR ILLEGAL GUN POSSESSION? THE METHODOLOGY OF THIS STUDY CONSISTED OF SURVEYING THE LITERATURE ON WEAPONS USE AND CRIMINAL JUSTICE DECISIONS, AND CONDUCTING DATA ANALYSIS ON DATA AVAILABLE IN FILES CONSTRUCTED FROM THE PROSECUTORS MANAGEMENT INFORMATION SYSTEM (PROMIS) IN THE DISTRICT OF COLUMBIA IN 1973-1976. ROBBERY-MURDER DATA FROM ATLANTA, GA., FOR 1976-1977 AND THE NATIONAL CRIME PANEL SURVEY DATA FOR 26 CITIES WERE USED IN SUPPLEMENTARY FASHION. IT WAS FOUND THAT PROSECUTION AND SENTENCING PRIORITIES SHOULD REFLECT THE LETHALITY OF THE WEAPONS USED IN ASSAULTS AND IN ROBBERIES INVOLVING SERIOUS ATTACKS ON THE VICTIM. THE SUPPORT FOR THIS CONCLUSION COMES FROM THE NOTION OF OBJECTIVE DANGEROUSNESS WHICH ASSERTS A POSITIVE CORRELATION BETWEEN TYPE OF WEAPON AND PROBABILITY THAT THE VICTIM WILL BE KILLED. ROBBERIES INVOLVING A SERIOUS ATTACK SHOULD BE TREATED AS A MUCH MORE SERIOUS CRIME THAN A ROBBERY WITHOUT VIOLENCE. IN CASES OF MURDER DEFENDANTS, NO STRONG SUPPORT FOR KEYING PROSECUTION AND SENTENCING TO TYPE OF WEAPON WAS FOUND. IT WAS ALSO FOUND THAT FOR THE YEAR 1974 A WEAPONS POLICY APPEARS TO HAVE BEEN IN EFFECT IN THE DISTRICT OF COLUMBIA SUPERIOR COURT. SENTENCING WAS FOUND TO BE MORE SEVERE IN CASES OF ARMED ROBBERY THAN IT WAS IN UNARMED ROBBERY. FINALLY, ALTHOUGH NO DIRECT SUPPORT WAS FOUND FOR A POLICY OF STRICT ENFORCEMENT OF WEAPONS POSSESSION LAWS, IT WAS SUGGESTED THAT OFFENDERS POSSESSING GUNS ARE PRONE TO VIOLENT CRIME AND THAT THESE CASES SHOULD BE TREATED AS SERIOUS CRIMES. FIGURES AND TABLES ARE PROVIDED. TWO APPENDIXES CONTAIN A PROBIT ANALYSIS OF RECIDIVISM AND MULTIVARIATE ANALYSES OF WEAPON USE THE DISPOSITION OF ROBBERY CASES.