NCJ Number
177864
Journal
Journal of Criminal Justice Volume: 27 Issue: 3 Dated: May/June 1999 Pages: 275-286
Date Published
1999
Length
12 pages
Annotation
This Canadian study was designed to determine judges' rationale for the sentences they gave offenders convicted of assault while under the influence of alcohol or other drugs (AOD).
Abstract
The study's design was a cross-sectional census of all Ontario court judges (n=268), Criminal Division, using a self- administered mailed questionnaire. The questionnaire contained three main sections that measured attitudes toward AOD-using offenders and appropriate judicial and policy responses to them; factors that affect decision-making in case studies of assault; and demographic characteristics of respondents. Factors that affected sentencing decision-making were determined through judges' selection of sentences for two cases of assault. Judges were randomly assigned to four groups and asked to give sentences to hypothetical cases with varying conditions of AOD involvement. Findings show no significant differences in terms of severity of sentences for the various conditions; however, the judges stated they were more likely to give severe sentences for crimes that involved AOD compared to the same crimes when alcohol or other drugs were not involved. For offenders with an alcohol or drug problem, seeking treatment was viewed by the judges as a mitigating factor in sentencing. 3 tables, 1 figures, and 26 references