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DIVERGENT PERCEPTIONS OF EQUITY - EFFECT OF DEFENDANT'S INJURY ON SENTENCING

NCJ Number
58695
Author(s)
E D TANKE
Date Published
1978
Length
15 pages
Annotation
THREE EXPERIMENTAL STUDIES, WHICH FOUND THAT SUBJECTS ASSIGNED MORE SEVERE SENTENCES TO DEFENDANTS WHO HAD SUFFERED PHYSICAL INJURY IN THE COURSE OF COMMITTING THEIR CRIMES, ARE REPORTED.
Abstract
UNEXPECTEDLY, TWO PRELIMINARY STUDIES FOUND THAT SUBJECTS (COLLEGE STUDENTS), IN A SIMULATED JURY SETTING, ASSIGNED MORE SEVERE PENALTIES TO DEFENDANTS WHO WERE INJURED WHILE COMMITTING THEIR OFFENSES THAN TO DEFENDANTS WHO WERE NOT. THE MOST SEVERE PENALTIES WERE ASSIGNED TO THE MOST SERIOUSLY INJURED DEFENDANTS. IT IS POSSIBLE THAT THE SUBJECTS WERE OVERCOMPENSATING BY TRYING NOT TO LET THE DEFENDANTS'S INJURY AFFECT THEIR DECISION. A SECOND POSSIBILITY IS THAT THE SUBJECTS WERE DEMONSTRATING THEIR 'BELIEF IN A JUST WORLD,' VIEWING THE INJURED DEFENDANT'S SUFFERING AS EVIDENCE OF HIS GREATER RESPONSIBILITY FOR HIS ACTS AND AS REASON TO JUDGE HIS PERSONAL CHARACTERISTICS MORE HARSHLY. THESE POSSIBILITIES WERE EXPLORED IN A THIRD STUDY, WHICH IS THE FOCUS OF THIS REPORT. STUDY PARTICIPANTS, AGAIN COLLEGE STUDENTS IN A SIMULATED JURY SETTING, ONCE AGAIN ASSIGNED MORE SEVERE SENTENCES TO INJURED DEFENDANTS. HOWEVER, IN CASES INVOLVING AN INJURED DEFENDANT AND AN UNINJURED ACCOMPLICE, SUBJECTS DID NOT ASSIGN MORE SEVERE SENTENCES TO THE INJURED DEFENDANT. APPARENTLY THE DESIRE TO PRESERVE EQUITY BETWEEN THE TWO PERSONS RESPONSIBLE FOR THE CRIME TOOK PRECEDENCE OVER THE NOTION THAT ONE FORM OF SUFFERING SUBSTITUTES FOR ANOTHER. NO EVIDENCE (ANALYSIS OF VARIANCE, ANSWERS TO OPEN-ENDED QUESTIONS ABOUT REASONS FOR ASSIGNED SENTENCES, RESPONSES TO A 'BELIEF IN A JUST WORLD' QUESTIONNAIRE AND A LEGAL ATTITUDES QUESTIONNAIRE) WAS FOUND THAT THE SUBJECTS' TREATMENT OF INJURED DEFENDANTS WAS RELATED TO THEIR BELIEF IN A JUST WORLD. THERE WAS SOME INDICATION THAT OVERCOMPENSATION MAY BE AN EXPLANATION, ALTHOUGH FURTHER RESEARCH IS REQUIRED BEFORE CONCLUSIONS CAN BE MADE. TWO TABLES AND A LIST OF REFERENCES ARE INCLUDED. (LKM)

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