NCJ Number
73929
Date Published
1977
Length
27 pages
Annotation
The methods and results of a major study in Groningen which finds that judges decisions are influenced by class factors are reviewed critically.
Abstract
In the study in question, Jongman and Schilt examine the social characteristics of 3,450 male offenders between 18 and 25 years old who were tried for theft in 1972. The method used involves determining whether a connection appears to exist between social class and sentence, then establishing whether other variables are related to the sentence, and finally, trying to ascertain whether the variables are also correlated with social class. The study group is then divided into subgroups (e.g., recidivists), further subdivided according to a second variable, and then divided still further by yet other variables. For each subgroup the connection between social class and sentence is tested. Shortcomings of this technique are that it does not show the relative significance of individual factors, that conclusions are based on statistical analysis of subgroups rather than the total material, that generalizations are difficult from subgroups, and that subgroups must be simplified if they are not to be divided down to the level of individuals. The method may prove misleading: a small group for which all secondary influence factors have been eliminated may actually show a connection between social class and sentence, but the group will probably represent only a small percentage of the cases examined. On a practical level, Jongman and Schilt are not consistent in their use of the methods and selection of critical variables (i.e., recidivism, unemployment, positive or negative information about the subject, and social class). Groups compared are not always comparable, the sample selected for the study is not really representative, and the theft category used is not adequate. In actual fact, the Jongman-Schilt study appears to measure differences between student and nonstudent treatment rather than class differences, as most of the so-called 'high class' offenders are students. Of course, this does not mean that class justice in some form does not exist. It is possible, even likely, that class factors play a role in police interventions and in legislation affecting particular groups. But at times it may be difficult in the case of judges' decisions to separate justice by class from individualization of sentences. Notes and diagrams are included.