NCJ Number
147436
Journal
Social Justice Research Volume: 5 Issue: 4 Dated: (1992) Pages: 385-413
Date Published
1992
Length
29 pages
Annotation
This study examines the contributions of sentencer and case (legal and extralegal) factors to magistrates' sentences for 678 drink-drivers at two courts.
Abstract
In this study, qualitative codings of magistrates' sentencing orientations were incorporated with case factors in a multivariate statistical model of differences in fines and disqualifications. Discriminations in penalties were related to offenders' legally relevant prior offenses and blood alcohol concentrations, and extralegal variables of offender age, gender and employment status. Men were treated more harshly than women, and young offenders more harshly than all other offenders except those over 56 years. Unemployed offenders were fined less, but disqualified for longer than offenders in the workforce. Magistrates' orientations and court interacted with offense categories to produce further differences related to blood alcohol concentration and recidivism. Sentencers responded to offender characteristics but also relied on their own mental images of stereotypic drunk-drivers and their individualized sentencing orientations to exercise their discretionary powers. Results are discussed in relation to issues of warranted or justifiable discriminations and the just distribution of penalties. Tables, footnotes, figures, references