NCJ Number
47452
Journal
SOCIOMETRY Volume: 39 Issue: 3 Dated: (1976) Pages: 288-292
Date Published
1976
Length
5 pages
Annotation
THE STATISTICAL METHODS USED BY HAGAN TO SHOW A RELATIONSHIP BETWEEN JUDGES' ATTITUDES AND LENGTH OF SENTENCE ARE CRITICIZED. A REBUTTAL BY HAGAN FOLLOWS THE ARTICLE.
Abstract
IN 1975, HAGAN TESTED THE HYPOTHESIS THAT JUDICIAL ATTITUDES TOWARD 'LAW AND ORDER' INTERACT WITH THE ATTRIBUTES OF THE OFFENDER TO DETERMINE THE LENGTH OF SENTENCE. THE STUDY WAS CONDUCTED IN A CANADIAN PROVINCE BY ASKING ALL PROVINCIAL COURT JUDGES TO COMPLETE THE HOGARTH 'LAW AND ORDER SCALE.' A REGRESSION EQUATION WAS THEN USED TO COMPARE SENTENCES HANDED DOWN BY JUDGES WITH LOW 'LAW AND ORDER SCORES' WITH THOSE HANDED DOWN BY JUDGES WITH HIGH SCORES. THE CHOW TEST WAS USED TO DETERMINE WHETHER THE VARIANCE FOR EACH SUBSAMPLE WAS SIGNIFICANTLY GREATER THAN THE VARIANCE EXPLAINED BY A REGRESSION EQUATION FOR THE WHOLE SAMPLE. HAGAN CONCLUDED THAT THE WEIGHT JUDGES GIVE TO OFFENDER CHARACTERISTICS VARIES SIGNIFICANTLY BETWEEN THE HIGH AND LOW GROUPS. HIS USE OF THE CHOW TEST IS CRITICIZED. THE FORMULA WHICH THE AUTHORS CONSIDER APPLICABLE IS GIVEN. ANALYSIS USING THIS FORMULA SHOWS THAT NO COEFFICIENT IN EITHER REGRESSION IS ITSELF SIGNIFICANTLY DIFFERENT FROM ZERO AT THE 0.05 LEVEL, EXCEPT OFFENSE SERIOUSNESS. HAGAN'S CONCLUSION THAT LOW-SCORING JUDGES GIVE MORE LENIENT SENTENCES, ESPECIALLY TO MINORITY GROUP OFFENDERS, IS CHALLENGED. THE REBUTTAL BY HAGAN DEFENDS HIS CHOICE OF MATHEMATICAL METHOD AND ADDS INFORMATION GATHERED FROM COURT RECORDS WHICH SUGGESTS THAT 'LAW AND ORDER' JUDGES ARE EQUALLY SEVERE WITH OFFENDERS OF VARIED RACIAL AND SOCIAL BACKGROUNDS WHILE JUDGES LESS CONCERNED ABOUT LAW AND ORDER TEND TO TREAT INDIAN AND RACIALLY MIXED OFFENDERS MORE LENIENTLY THAN WHITES. (GLR)