NCJ Number
56849
Journal
Journal of Criminal Law and Criminology Volume: 70 Issue: 1 Dated: (SPRING 1979) Pages: 102-116
Date Published
1979
Length
15 pages
Annotation
FIELD SURVEYS WERE CONDUCTED IN FOUR ARIZONA CITIES ON PUBLIC AND POLICE PERCEPTIONS OF THE SEVERITY OF VARIOUS KINDS OF LEGAL REACTIONS TO CRIMES AND DELINQUENCIES.
Abstract
ON THE WHOLE, LEGISLATORS, JURISTS, AND CORRECTIONAL OFFICIALS HAVE ARGUED FOR THE 'INDIVIDUALIZATION' OF CRIMINAL JUSTICE (THE APPROPRIATE PUNISHMENT SHOULD DEPEND ON THE CHARACTERISTICS OF THE OFFENDER). CONSISTENT WITH THIS ARGUMENT, LEGISLATORS HAVE GIVEN JURISTS ENORMOUS DISCRETION IN SENTENCING, NOT ONLY AS TO THE KIND OF PUNISHMENT, BUT ALSO AS TO THE AMOUNT OF EACH. DISCRETION IN SENTENCING HAS GIVEN RISE TO VARIOUS ISSUES, THE MOST CONSPICUOUS ONE BEING THE ENORMOUS DISPARITIES IN THE LENGTH OF SENTENCES IMPOSED BY JUDGES FOR WHAT APPEAR TO BE SIMILIAR CRIMES. SINCE BOTH THE AMOUNT OF DISPARITIES AND THE REASONS FOR THEM ARE DEBATABLE, A RATIONAL SYSTEM FOR EXISTING PENALTIES IS MORE LIKLELY IF THERE IS SYSTEMATIC RESEARCH ON PUBLIC PERCEPTION OF THE SEVERITY OF PENALTIES. IN THIS SURVEY, CONDUCTED OVER 3 YEARS, PUBLIC AND POLICE ESTIMATES OF THE SEVERITY OF LEGAL RESPONSES TO CRIMES AND DELINQUENCIES WERE COLLECTED, INCLUDING PENALTIES SUCH AS PRISON, JAIL, PROBATION, AND FINES; PROCEDURAL REACTIONS SUCH AS ARREST AND TRIALS; AND OTHER LEGAL OR EXTRALEGAL OUTCOMES SUCH AS LOSS OF JOB, DIVORCE, COMMITMENT TO A MENTAL HOSPITAL, OR COUNSELING. DATA WERE GATHERED USING 'MAGNITUDE ESTIMATION' METHODS FOR THE FOUR KINDS OF SURVEYS: TWO IN WHICH RESPONDENTS WERE ASKED TO ESTIMATE THE SEVERITY OF EACH OF FOUR PENALTIES AS APPLIED TO JUVENILES AND ADULTS, AND TWO IN WHICH THEY WERE ASKED TO ESTIMATE THE SEVERITY OF ALL PENALTIES AS APPLIED TO JUVENILES AND ADULTS. FINDINGS FOR ALL FOUR SURVEYS DEMONSTRATE THAT POLICE CONSISTENTLY VIEW CONVENTIONAL CRIMINAL SANCTIONS AS MORE SEVERE THAN DO CITIZENS. THIS DIFFERENCE IS MOST LIKELY DUE TO THE REALIZATION BY POLICE THAT ANY KIND OF PUNISHMENT IS A REMOTE POSSIBILITY (I.E., A LONG PRISON SENTENCE IS MORE SEVERE FROM THE PERSPECTIVE OF THE POLICE BECAUSE THEY KNOW IT IS TRULY RARE). THESE FINDINGS IMPLY THAT THE PERCEPTION OF THE CERTAINTY OF PUNISHMENT AND OF THE SEVERITY OF THAT PUNISHMENT ARE LOGICALLY DISTINCT BUT FUSED IN THE MINDS OF PERCEIVERS. TABULAR DATA ARE PROVIDED. (DAG)