NCJ Number
30050
Journal
Judicature Volume: 59 Issue: 3 Dated: (OCTOBER 1975) Pages: 121-125
Date Published
1975
Length
5 pages
Annotation
THE AUTHOR EXAMINES THREE CONCEPTIONS OR SOCIAL ATTITUDES WHICH MAY SHADE JUDICIAL THINKING AT THE TIME OF SENTENCING AND CAUSE SYSTEMATIC DISCRIMINATION.
Abstract
IT IS NOTED THAT THE ORIENTATION, ATTITUDE, AND ACTION BASE OF JUDGES IS INFLUENCED BY HISTORY AND SOCIAL CLIMATE. THE AUTHOR ARGUES THAT BECAUSE OF THIS, ANY EXAMINATION OF SENTENCING DISPARITY SHOULD BEGIN NOT WITH THE JUDGE, BUT WITH SOCIETY ITSELF. THE AUTHOR SUGGESTS THAT OUR SOCIETY CONCEIVES OF SOME CITIZENS AS HUMAN AND OTHERS AS SOMETHING LESS, AND VIEWS THOSE WHO ARE 'LESS THAN HUMAN' AS DESERVING OF LESS. THE SECOND SOCIAL CONCEPT WHICH MAY INTERFERE WITH EQUITABLE SENTENCING IS THAT OF BELONGING - THAT SOME PEOPLE DO NOT BELONG BECAUSE OF CERTAIN PERCEIVED SOCIAL OR CULTURAL DEFECTS. THE THIRD SOCIAL ATTITUDE WHICH CAN AFFECT EQUITABLE SENTENCING IS SOCIETY'S TENDENCY TO PUNISH PEOPLE WHOM IT REGARDS AS A THREAT TO THE SYSTEM. THE AUTHOR TRACES THE WAYS IN WHICH THESE SOCIAL CONCEPTIONS CAN BE TRANSLATED INTO JUDICIAL BEHAVIOR AND ADVERSELY AFFECT THE QUALITY OF JUSTICE. (AUTHOR ABSTRACT MODIFIED)