NCJ Number
110154
Date Published
1988
Length
14 pages
Annotation
Six circuit court jurisdictions (4th, 6th, 7th, 9th, 10th, and 11th circuits) were randomly selected from the 13 judicial circuits of the United States to examine their plea bargaining agreements and sentencing decisions and the extent to which they were influenced by offender age.
Abstract
In each of these circuits, records of criminal convictions for 20 judges were subjected to content analysis for 1983-85 to determine the number of felony convictions, offender ages, and subsequent punishment. Of the 2,365 criminal convictions in all the examined circuits, 85 percent (2,009) were resolved through plea negotiations. Ratios of sentencing severity were calculated on the basis of the actual sentence imposed against the maximum possible sentence. Offenders aged 60 and over received sentences in plea bargaining agreements that were less than half the severity of their younger counterparts. In cases where trials were conducted and convictions were obtained, the discrepancies were even greater. This pattern was true even for violent crimes. One interpretation of these findings is that judges perceive age to be a mitigating factor in determining sentence. Trials occurred more often for older offenders than younger ones. Offenders under age 60 had no significant proportionate differences in plea bargains or trial convictions according to prior records. A majority of older offenders without prior records went to trial, however, while a majority of those with prior records opted for a plea agreement. 5 tables.