NCJ Number
37276
Journal
SOCIAL PROBLEM Volume: 22 Issue: 5 Dated: (JUNE 1975) Pages: 620-637
Date Published
1975
Length
18 pages
Annotation
THIS PAPER EXAMINES THE ISSUES ASSOCIATED WITH THE CONFLICT, INTERACTIONIST, AND ORGANIZATIONAL THEORIES OF CRIMINAL JUSTICE, AND APPLIES EACH PERSPECTIVE IN A STUDY OF THE PRE-SENTENCING PROCESS.
Abstract
THE BASIC VIEWS OF THE CONFLICT, INTERACTIONIST, AND ORGANIZATIONAL THEORIES ARE OUTLINED IN THE FIRST SECTION OF THIS PAPER. THEN, DRAWING ON THESE THREE THEORIES, AN ANALYSIS OF THE PRE-SENTENCING PROCESS IS DESCRIBED. DATA FOR THE ANALYSIS WERE TAKEN FROM 765 QUESTIONNAIRES COMPLETED FROM FEBRUARY 1 TO JUNE 1, 1973, BY PROBATION OFFICERS IN ALL ADULT PROBATION DEPARTMENT OFFICES IN A WESTERN CANADIAN PROVINCE. THE QUESTIONNAIRE FOLLOWED THE FORMAT USED BY PROBATION OFFICERS IN PREPARING PRESENTENCE REPORTS. FOR EACH CASE THE OFFICER CONSIDERED, THE QUESTIONNAIRES SOLICITED INFORMATION ON THE OFFENDER'S RACE, CRIMINAL HISTORY, AND SOCIOECONOMIC STATUS. IT ALSO SOLICITED INFORMATION ON THE OFFICER'S ASSESSMENT OF THE DEMEANOR OF THE OFFENDER, HIS EVALUATION OF THE OFFENDER'S PROSPECTS FOR PROBATION SUCCESS, AND HIS RECOMMENDEATION FOR SENTENCE. THE THREE THEORIES WERE THEN APPLIED TO THOSE CASES IN WHICH THE PROBATION OFFICER MADE A PRE-SENTENCE RECOMMENDATION. THE ANALYSIS REVEALED AN INFLUENCE OF VARIABLES EMPHASIZED IN THE CONFLICT PERSPECTIVE: THE OFFENDER'S RACE AND SOCIO-ECONOMIC STATUS. SOMEWHAT MORE PERVASIVE IN THEIR IMPACT WERE INTERVENING VARIABLES EMPHASIZED IN THE INTERACTIONIST PERSPECTIVE: THE PROBATION OFFICERS' PERCEPTIONS OF DEMEANOR AND EVALUATIONS OF SUCCESS PROSPECTS. A COMPARISON OF CASES WHERE RECOMMENDATIONS WERE AND WERE NOT, RECEIVED ADDED SUPPORT TO THE VIEW THAT INVOLVEMENT OF PROBATION OFFICERS IN AN ADVISORY CAPACITY ENCOURAGES AN INTRUSION OF EXTRA-LEGAL CONSIDERATION INTO THE SENTENCING PROCESS. THESE FINDINGS ARE DISCUSSED IN TERMS OF A VIEWPOINT DEVELOPED IN THE WORK OF EVERETT HUGHES. (AUTHOR ABSTRACT MODIFIED)