Investigation of Factors Influencing Public Opinion of Property Bias in Canadian Criminal Code Maximum Sentences

• NCJ Number: 164884
• Journal: Law and Human Behavior Volume: 20 Issue: 4 Dated: (August 1996) Pages: 395-417
• Author(s): K S Douglas; J R P Ogloff
• Date Published: 1996
• Length: 23 pages
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

This study examined whether a sample of Canadian college students would prefer maximum sentences that are higher for offenses against people than property, and therefore incongruent with Canadian Criminal Code maximum sentences, and whether the presentation of systematically varied crime vignettes would alter this preference, should it exist.

Abstract

The Criminal Code of Canada provides many statutory maximum sentences (maxima) that are more severe for property offenses than for offenses against people. Past research has shown that, at least in the abstract, people consider offenses against the person as more serious and deserving of more severe sentences than property offenses. The current research investigated whether these results would be replicated when peoples' preferences were assessed under specific conditions. A total of 181 psychology students participated in the study. Participants read Code definitions and crime vignettes for six offenses that were varied according to locus (internal versus external) and stability (stable versus unstable) of the cause of the offender's behavior and amount of harm to the victim (severe versus mild). Results demonstrated that offenses against people were considered more serious and deserving of more severe scenario sentences and maxima than property or white-collar offenses. Internal, stable, and severe harm conditions resulted in higher sentences, seriousness ratings, and somewhat less consistently, maxima. Under no combination of conditions were preferred maxima greater for property or white-collar offenses than for offenses against people. Participants tended to underestimate property offense maxima and overestimate maxima for offenses against people. The study concludes that although the preferred length of maxima may change under various experimental conditions, the relationship between person and property offense preferred maxima does not. 3 tables and 67 references