STATE POLITICAL CULTURE AND SENTENCE SEVERITY IN FEDERAL DISTRICT COURTS

• NCJ Number: 52835
• Journal: Criminology Volume: 16 Issue: 3 Dated: (NOVEMBER 1978) Pages: 373-382
• Author(s): G T BROACH; P D JACKSON; V H ASCOLILLO
• Date Published: 1978
• Length: 10 pages
• Corporate Author: Sage Publications, Inc; American Soc of Criminology
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: REVISED VERSION OF A PAPER PRESENTED AT THE 1974 ANNUAL MEETING OF THE SOUTHERN ASSOCIATION OF CRIMINAL JUSTICE EDUCATORS, MOBILE, ALABAMA

Annotation

RESULTS ARE REPORTED OF A STUDY THAT ATTEMPTS TO EXPLAIN VARIANCE IN SEVERITY OF PUNISHMENT BETWEEN STATES IN SELECTIVE SERVICE ACT CASES IN 1970 BY EXAMINING POLITICAL CLIMATE AND SOCIOECONOMIC STATUS.

Abstract

TWO SEPARATE ASPECTS OF SENTENCE SEVERITY ARE CONSIDERED IN THE DECISIONS OF FEDERAL JUDGES IN SELECTIVE SERVICE ACT VIOLATION CASES. FIRST, THE PROPORTION OF IMPRISONMENT SENTENCES FOR ALL SENTENCES RENDERED BY FEDERAL JUDGES IN DRAFT CASES WAS COMPUTED FOR EACH OF THE 48 CONTIGUOUS STATES IN 1970. A SECOND MEASURE OF SENTENCE SEVERITY WAS BASED ON THE LENGTH OF CONFINEMENT IN SUCH CASES GIVEN OFFENDERS WHO DID NOT RECEIVE PROBATIONARY SENTENCES. TWO DIMENSIONS OF THE POLITICAL SYSTEM OF EACH STATE STUDIED WERE EXAMINED UNDER THE ASSUMPTION THAT THEY RELATED TO THE PREDISPOSITIONS OF FEDERAL JUDGES RECRUITED WITHIN THE STATE: THE STATE POLITICAL STRUCTURE AND THE PREVAILING POLICY NORMS WITHIN EACH STATE. THE FOLLOWING MEASURES OF STATE POLITICAL STRUCTURE WERE USED, EACH OF WHICH HAS BEEN FOUND IN PREVIOUS STATE POLICY RESEARCH TO BE RELATED TO MORE LIBERAL AND REDISTRIBUTIVE STATE POLICIES: COMPETITION-PARTICIPATION FACTOR SCORE SHOWING INTERPARTY COMPETITION AND ELECTORAL PARTICIPATION IN THE STATE; INDEX OF LEGAL PROFESSIONALISM, AS MEASURED BY AUTHORITATIVE MODEL PLANS; GUBERNATORIAL POWER INDEX; WELFARE POLICY FACTOR SCORE; AND INNOVATION SCORE, MEASURING A STATE'S WILLINGNESS TO ACCEPT NEW PROGRAMS. AFTER DETERMINING THAT THE RELATIONSHIP BETWEEN THESE INDEPENDENT VARIABLES AND THE TWO INDICES OF SENTENCE SEVERITY SHOWED MORE SENTENCING LENIENCY IN STATES WITH A MORE LIBERAL POLITICAL ENVIRONMENT, MULTIPLE-PARTIAL COEFFICIENTS WERE COMPUTED TO ASSESS THE INDEPENDENT INFLUENCE OF THE POLITICAL FACTORS AS COMPARED WITH THE SOCIOECONOMIC ENVIRONMENT. IT WAS FOUND THAT THE SOCIOECONOMIC VARIABLES CONTRIBUTED SUBSTANTIALLY MORE TO EXPLAIN VARIANCE THAN POLITICAL, STRUCTURAL, AND POLICY VARIABLES, WITH STATES AT A RELATIVELY LOW SOCIOECONOMIC LEVEL CHARACTERIZED BY MORE SEVERE SENTENCES. DATA FROM THE STUDY AND REFERENCES ARE PROVIDED. (RCB)