SOCIETAL REACTION TO DEVIANTS - THE CASE OF CRIMINAL DEFENDANTS

• NCJ Number: 44019
• Journal: American Sociological Review Volume: 42 Issue: 5 Dated: (OCTOBER 1977) Pages: 743-755
• Author(s): I N BERNSTEIN; W R KELLY; P A DOYLE
• Date Published: 1977
• Length: 13 pages
• Corporate Author: American Sociological Review
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

FACTORS AFFECTING PROSECUTION AND SENTENCING DECISIONS FOR 1,213 MALE DEFENDANTS CHARGED WITH FELONY OFFENSES IN NEW YORK STATE ARE ANALYZED.

Abstract

DATA WERE GATHERED OVER A 4-MONTH PERIOD BETWEEN DECEMBER 1974 AND MARCH 1975 ON THE JUDICIAL DISPOSITION OF COURT APPEARANCES BY SUBJECTS, ON THE SUBJECTS' CRIMINAL HISTORIES AND DEMOGRAPHIC CHARACTERISTICS, AND ON THE CHARACTERISTICS OF THE OFFENSES INVOLVED. THE DECISION TO FULLY PROSECUTE OR TO TERMINATE BY DISMISSAL WAS EXAMINED FOR ALL SUBJECTS. FOR THE 733 DEFENDANTS WHOSE CASES WERE NOT DISMISSED, IT WAS DETERMINED WHETHER EACH WAS JUDGED GUILTY AND SENTENCED OR JUDGED GUILTY BUT NOT FORMALLY CONVICTED AND SENTENCED. THE SEVERITY OF THE SANCTION FOR THE 510 SENTENCED DEFENDANTS WAS ASSESSED AS A MEASURE OF THE SEVERITY OF FORMAL SOCIETAL REACTION. VARIABLES CONSIDERED ARE THE FOLLOWING: THOSE RELATED TO THE DEFENDANT'S SOCIAL ATTRIBUTES (E.G., AGE, RACE); THOSE THAT MIGHT DETERMINE EXPECTATIONS WITH REGARD TO THE DEFENDANT (E.G., HIS PRIOR RECORD); THOSE RELATED TO ORGANIZATIONAL IMPERATIVES (E.G., THE DEFENDANT'S ACCEPTANCE OF PLEA OFFERS); THOSE RELATED TO PERSONS DOING THE REACTING (E.G., JUDGES); THOSE SUMMARIZING THE RESULTS OF PRIOR PROCESSES (E.G., THE DEFENDANT'S RELEASE STATUS PENDING FINAL DISPOSITION); AND THOSE RELATED TO THE ALLEGED OFFENSE. THE CHARACTERISTICS OF THE ALLEGED OFFENSE ACCOUNT FOR MORE VARIANCE IN THE DECISION TO PROSECUTE FULLY (I.E., THE LABELING DECISION) THAN IN THE SENTENCING DECISION. ALTHOUGH THE DEFENDANTS' SOCIAL ATTRIBUTES HAVE SOME SIGNIFICANT EFFECTS, THESE EFFECTS ARE SLIGHT RELATIVE TO THE EFFECTS OF OTHER VARIABLES AND ARE NOT ALWAYS IN THE PREDICTED DIRECTION. THE ANALYSIS SUGGESTS THAT ORGANIZATIONAL IMPERATIVES AND THE VALUES AND EXPECTATIONS OF THOSE WHO METE OUT SOCIETAL REACTION SHOULD BE EXPLORED AS KEY VARIABLES EXPLAINING THE IMPERFECT CORRELATION BETWEEN DEVIANT ACTS AND THE REACTION TO THOSE ACTS. SUPPORTING DATA AND A LIST OF REFERENCES ARE INCLUDED. (AUTHOR ABSTRACT MODIFIED).