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MULTIVARIATE ANALYSIS OF LEGAL AND EXTRALEGAL FACTORS IN JUDICIAL SENTENCING

NCJ Number
45943
Author(s)
J D HEWITT
Date Published
1975
Length
193 pages
Annotation
A SAMPLE OF 504 CONVICTED ADULT FELONS IS STUDIED USING BOTH CAUSAL MODELING AND PATH ANALYSIS TECHNIQUES TO DETERMINE THE EFFECTS OF SEX, RACE, SOCIOECONOMIC STATUS, AND OTHER VARIABLES ON JUDICIAL SENTENCING.
Abstract
DATA WERE OBTAINED FROM RECORDS OF THE KING COUNTY SUPERIOR COURT, SEATTLE, WASHINGTON. THE EIGHT INDIVIDUAL RESOURCE VARIABLES CONSIDERED WERE SEX, RACE, AGE, MARITAL STATUS, EDUCATION, SOCIOECONOMIC STATUS, WORK HISTORY, AND DEPENDENTS. INTERVENING VARIABLES BELIEVED LIKELY TO MEDIATE PORTIONS OF THE SENTENCE WERE PRIMARY OFFENSE, PRIOR RECORD, USE OF WEAPON OR VIOLENCE, NUMBER OF INITIAL CHARGES, BAIL, PLEA, PROBATION, AND PROSECUTION PRESENTENCE RECOMMENDATIONS. ANALYSIS OF THE 504 OFFENDER RECORDS SHOWED THAT ONLY 5 OF THE INDIVIDUAL VARIABLES HAD STATISTICAL SIGNIFICANCE ON SENTENCE: SEX, RACE, EDUCATION, WORK HISTORY, AND DEPENDENTS. SEX AS A VARIABLE WAS COMPLICATED BY THE FACT THAT FEMALES WERE LESS LIKELY TO HAVE PRIOR RECORDS, TO BE CONVICTED OF OFFENSES INVOLVING A WEAPON, OR TO BE CONVICTED OF ROBBERY. RACE AS A VARIABLE HAD LITTLE DIRECT EFFECT, BUT WAS CLOSELY RELATED TO THE FACT THAT NONWHITES WERE MORE LIKELY TO HAVE HAD PRIOR CRIMINAL RECORDS, WERE MORE LIKELY TO HAVE USED A WEAPON OR VIOLENCE, AND WERE MORE LIKELY TO BE CONVICTED OF ROBBERY. THOSE WITH MORE EDUCATION, A BETTER WORK HISTORY, OR DEPENDENTS WERE ALSO LESS LIKELY TO HAVE MORE SERIOUS CHARGES PLACED AGAINST THEM. VARIABLES WHICH APPEARED TO BE MOST RESPONSIBLE FOR MEDIATING THE TOTAL EFFECTS WERE PRIOR RECORD, USE OF WEAPON OF VIOLENCE, BAIL, AND THE PROSECUTION AND PROBATION PRESENTENCE RECOMMENDATIONS. IT WAS ALSO FOUND THAT WHILE THE PROSECUTOR'S RECOMMENDATIONS FOR EACH SENTENCE WERE SIGNIFICANTLY RELATED TO THAT SENTENCE, THE PROBATION PRESENTENCE RECOMMENDATION WAS SIGNIFICANT ONLY FOR JAIL TIME AND INCARCERATION SENTENCES. THE PROBLEM OF SENTENCING DISPARITY IS DISCUSSED. RECOMMENDATIONS FOR FURTHER RESEARCH ARE MADE. (GLR)

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