INTERPRETING THE EIGHTH AMENDMENT - PERCEIVED SERIOUSNESS OF CRIME AND SEVERITY OF PUNISHMENT (FROM CAPITAL PUNISHMENT IN THE UNITED STATES, 1976, BY HUGO A BEDAU AND CHESTER M PIERCE - SEE NCJ-46351)

• NCJ Number: 46362
• Author(s): V L HAMILTON; L ROTKIN
• Date Published: 1976
• Length: 23 pages
• Grant Number(s): SOC 76-01113
• Sponsoring Agency: National Science Foundation
• Corporate Author: American Orthopsychiatric Assoc, Inc
• Publication Format: Document
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

PSYCHOPHYSICAL SCALING TECHNIQUES WERE USED IN TWO STUDIES TO MEASURE THE PERCEIVED SERIOUSNESS OF VARIOUS CRIMES UNDER VARIOUS MITIGATING AND AGGRAVATING SITUATIONS AND PERCEIVED SEVERITY OF PUNISHMENT.

Abstract

IN PSYCHOPHYSICAL SCALING, SUBJECTS DRAW LINES OR OTHERWISE USE VISUAL REPRESENTATIONS TO INDICATE DEGREES OF INTENSITY OF EMOTION. THIS TECHNIQUE TENDS TO OVERCOME BARRIERS WHICH ARE FOUND WITH VERBAL QUANTIFICATIONS OF EMOTIONALLY CHARGED ITEMS. THIS TECHNIQUE WAS USED WITH 25 UNDERGRADUATE STUDENTS AND 32 ADULT CONTINUING EDUCATION STUDENTS FROM THE STATE UNIVERSITY OF NEW YORK AT STONY BROOK TO GATHER DATA ON EMOTIONAL PERCEPTIONS OF CRIME AND PUNISHMENT. IT WAS FOUND THAT THOSE CRIMES PERCEIVED AS MOST SERIOUS WERE, IN DECREASING ORDER: FORCIBLE RAPE WITH VICTIM KILLED, PLANNED KILLING, SALE OF HEROIN RESULTING IN DEATH, ARMED ROBBERY WITH VICTIM KILLED, KIDNAPING, IMPULSIVE KILLING, FORCIBLE RAPE, MANSLAUGHTER, RAPE WITHOUT SERIOUS HARM TO VICTIM, HIJACKING A PLANE, ARMED ROBBERY, ASSAULT WITH A WEAPON, POLITICIAN ACCEPTING BRIBES, SPYING, MUGGING, ASSAULT WITHOUT A WEAPON, AUTO THEFT, AND TAKING $50. THIS RANKING DOES NOT CONFORM TO THE PENALTY STRUCTURE FOUND IN LAW. THE RANKING OF PUNISHMENTS PUT THE DEATH PENALTY FAR BEYOND ANY OTHER, SO FAR AS TO BE STATISTICALLY BEYOND INCLUSION IN THE REST OF THE DATA. NEXT CAME LIFE SENTENCE WITHOUT PAROLE, LIFE SENTENCE WITH PAROLE AFTER 25 YEARS, 25 YEARS IN PRISON, 20 YEARS IN PRISON, AND SO ON FOR VARYING AMOUNTS OF TIME IN PRISON WHICH DECLINED IN PERCEIVED SEVERITY AS NUMBER OF YEARS DECLINED. THE LARGEST GAP IN PUNISHMENTS APPEAR BETWEEN LIFE SENTENCES WITHOUT PAROLE AND LIFE SENTENCES WITH PAROLE AT 25 YEARS, A SEVERITY RATIO OF 55 TO 1. THIS IS MUCH WIDER THAN ANY RANGE FOR CRIMES. THIS STUDY INDICATES THERE IS WIDE DISCREPANCY BETWEEN THE SERIOUSNESS OF A CRIME AS VIEWED BY LAW AND THE PERCEPTIONS OF THE POTENTIAL JUROR. IT ALSO INDICATES THAT LIFE IMPRISONMENT WITHOUT PAROLE MAY BE CONSIDERED A SUITABLE ALTERNATIVE TO THE DEATH SENTENCE. FURTHER RESEARCH SHOULD BE DONE ON THE PSYCHOLOGICAL ISSUES SURROUNDING PERCEIVED SERIOUSNESS OF CRIME, PERCEIVED SERIOUSNESS OF PUNISHMENT, AND THE FIT BETWEEN THE LAW AND POPULAR PERCEPTIONS. OTHERWISE THE ADMINISTRATION OF PUNISHMENT WILL BE INEQUITABLE, CAPRICIOUS, OR DISCRIMINATORY. FIGURES, DETAILS OF THE ANALYSIS, TABULAR DATA, REFERENCES, AND NOTES ARE INCLUDED. (GLR)