NCJ Number
53363
Journal
Crime and Social Justice Issue: 10 Dated: (FALL/WINTER 1978) Pages: 9-16
Date Published
1978
Length
8 pages
Annotation
SENTENCING DATA FROM THE CRIMINAL COURTS OF A CALIFORNIA COUNTY ARE PRESENTED IN SUPPORT OF THE HYPOTHESIS THAT PEOPLE FROM LOWER SOCIAL CLASSES RECEIVE MORE SEVERE SANCTIONS THAN PEOPLE FROM OTHER CLASSES.
Abstract
THE DESIGN OF AN EARLIER STUDY, WHICH CONCLUDED THAT THE SOCIOECONOMIC STATUS OF DEFENDANTS WAS UNRELATED TO THE SEVERITY OF THE SENTENCE THEY RECEIVED, IS CRITICIZED, AND THE NEED TO REINTERPRET THE FINDINGS OF THAT STUDY IS NOTED. THE MAJOR SHORTCOMING OF THE STUDY IS SAID TO BE THAT ITS SUBJECTS WERE NEARLY ALL LOWER-CLASS OFFENDERS WHO HAD RECEIVED THE MOST SEVERE SANCTIONS AVAILABLE TO THE COURTS (PRISON AND DEATH SENTENCES). DATA FROM A STUDY OF 2,250 PERSONS SENTENCED FORM 1969 THROUGH 1974 ON A WIDE RANGE OF OFFENSES (DRUNK DRIVING, INFLUENCE OF NARCOTICS, MARIHUANA POSSESSION, PUBLIC DRUNKENESS, BURGLARY, ROBBERY) ARE EXAMINED. ONE OF THE OFFENSE CATEGORIES, DRUNK DRIVING, OFFERS AN OPPORTUNITY TO COMPARE MIDDLE- AND UPPER-CLASS OFFENDERS WITH LOWER-CLASS OFFENDERS. SEVERITY OF SENTENCE WAS CODED ON A 100-POINT CONTINUUM DESIGNED TO ACCOMMODATE A VARIETY OF SANCTIONS AND COMBINATIONS OF SANCTIONS. SEVERAL INDICES--NUMBER OF YEARS OF FORMAL EDUCATION, ANNUAL INCOME, OCCUPATION, EMPLOYMENT STATUS AT TIME OF ARREST, RACE, SOCIOECONOMIC STATUS SCORE--WERE USED TO ASSESS SOCIAL CLASS. BOTH EXTRALEGAL AND LEGALLY RELEVANT CONTROL VARIABLES WERE INCLUDED. THE ANALYSIS TENDS TO SUPPORT THE CONTENTION THAT POOR AND MINORITY OFFENDERS RECEIVE THE MOST SEVERE SANCTIONS. CRITICISMS OF RESEARCH STUDIES THAT HAVE FOUND EVIDENCE OF RACIAL AND CLASS BIASES IN SENTENCING ARE REVIEWED AND FOUND TO BE BOTH EXCESSIVE AND INSUFFICIENT TO DISCOUNT THE VALIDITY OF CONFLICT THEORY IN EXPLAINING SENTENCING PRACTICES. IT IS NOTED FURTHER THAT, OF 26 SENTENCING STUDIES, 23 HAVE FOUND SOME EVIDENCE THAT NONWHITE AND LOWER-CLASS PERSONS RECEIVE HARSHER SENTENCES THAN DO WHITE AND MIDDLE-CLASS PERSONS. SUPPORTING DATA AND A LIST OF REFERENCES ARE INCLUDED. (LKM)