NCJ Number
48712
Journal
Law and Society Review Volume: 12 Issue: 2 Dated: (WINTER 1978) Pages: 237-251
Date Published
1978
Length
15 pages
Annotation
TO EXAMINE CORRELATES OF DEFENDANTS' EVALUATIONS OF FAIRNESS OF THEIR TREATMENT BY THE COURT, INTERVIEWS WERE CONDUCTED WITH 628 ALLEGED FELONS FOLLOWING THEIR ARREST AND UPON COMPLETION OF THEIR CASE.
Abstract
BOTH ATTITUDINAL VARIABLES AND CASE-SPECIFIC VARIABLES WERE EXAMINED AS THEY RELATED TO PERCEIVED FAIRNESS. ALIENATION, RACE, AND PRIOR CRIMINAL HISTORY WERE ALL FOUND TO AFFECT EVALUATIONS OF FAIRNESS WITH THE HIGHLY ALIENATED, BLACK, AND PREVIOUSLY CONVICTED TENDING TO VIEW THEIR TREATMENT AS LESS FAIR. HOWEVER, PRIOR RECORD AND BEING BLACK WERE ALSO RELATED TO DISPOSITIONS, ALTHOUGH THE RELATIONSHIP BETWEEN RACE AND FAIRNESS PERCEPTIONS REMAINS EVEN WHEN SENTENCE IS CONTROLLED. THREE VARIABLES RELATING TO CASE DISPOSITION ARE ALSO RELATED TO FAIRNESS EVALUATIONS: CASE OUTCOME, MODE OF DISPOSITION, AND DEFENDANTS' SENSE OF WHETHER THEIR SENTENCES WERE HEAVIER OR LIGHTER THAN THOSE RECEIVED BY OTHERS CONVICTED OF THE SAME OFFENSE. THOSE WHO RECEIVE PRISON SENTENCES ARE LESS LIKELY TO FEEL FAIRLY TREATED THAN THOSE RECEIVING LIGHTER SENTENCES. THOSE WHO FELT THEIR SENTENCE WAS HEAVIER THAN OTHERS CONVICTED OF THE SAME OFFENSE WERE ALSO LESS LIKELY TO FEEL THEY HAD BEEN FAIRLY TREATED. FINALLY, THOSE WHO PLED GUILTY ARE MORE LIKELY TO FEEL THEY HAVE RECEIVED FAIR TREATMENT THAN THOSE WHOSE CASE HAS GONE TO TRIAL. FINDINGS INDICATE THAT DEFENDANTS ARE BY NO MEANS UNANIMOUS ABOUT THE TREATMENT THEY RECEIVE; RATHER THEY APPEAR TO PASS MEASURED JUDGMENT BASED ON BOTH PREDISPOSITION AND CASE SPECIFIC FACTORS. FOR INSTANCE, THOSE WHO RECEIVE SEVERE SENTENCES DO NOT NECESSARILY DENOUNCE THEM AS UNFAIR. WHILE PREEXISTING BELIEFS ABOUT THE CRIMINAL JUSTICE PROCESS DO AFFECT JUDGMENTS OF FAIRNESS, CASE-SPECIFIC VARIABLES ARE AT LEAST AS IMPORTANT. FINALLY, THE DEFENDANTS' SENSE OF EQUITY IS MOST STRONGLY RELATED TO THEIR SENSE OF FAIR TREATMENT. DEFENDANT'S ARE QUICK TO EXPRESS DISSATISFACTION IF THEY FEEL THEY HAVE BEEN SINGLED OUT FOR HARSH TREATMENT. ALTHOUGH THOSE PLEADING GUILTY WERE MORE LIKELY TO ACCEPT THEIR TREATMENT AS FAIR, IT IS NOT POSSIBLE TO DETERMINE WHETHER THIS DIFFERENCE IS ASSOCIATED WITH THE PLEA, THE TRIAL, OR BOTH. IT IS SUGGESTED THAT IF THE DEFENDANT'S SENSE OF FAIR TREATMENT AND EQUITABLE PUNISHMENT IS TO BE STRENTHENED, IT MAY BE NECESSARY TO REDUCE PERCEIVED SENTENCE INEQUITY. LIMITING DISCRETION AND INCREASING SENTENCING CONSISTENCY COULD AID IN ACHIEVING THIS END. TABULAR DATA AND REFERENCES ARE PROVIDED. (JAP)