NCJ Number
18631
Date Published
1961
Length
157 pages
Annotation
RESULTS OF A STUDY WHICH ATTEMPTED TO DETERMINE THE RELATIONSHIP OF LEGAL FACTORS, NON-LEGAL FACOTRS, AND FACTORS IN THE CRIMINAL PROSECUTION TO LENGTH AND TYPE OF SENTENCES GIVEN TO DEFENDANTS.
Abstract
THE RESEARCH SAMPLE CONSISTED OF THE 1,437 CONVICTIONS RECORDED IN A VOLUME OF THE DOCKET OF A NON-JURY PRISON COURT OF THE PHILADELPHIA COURT OF QUARTER SESSIONS. INFORMATION GATHERED ON LEGAL FACTORS INCLUDED THE DATE, TYPE OF CRIME, NUMBER OF BILLS OF INDICTMENT ON WHICH THE DEFENDANT WAS CONVICTED, PRIOR CRIMINAL RECORD, AND RECOMMENDATIONS OF AUXILIARY AGENCIES. SUCH LEGALLY IRRELEVANT FACTORS AS SEX, AGE, RACE, AND PLACE OF BIRTH WERE ALSO NOTED. FACTORS RELATED TO THE CRIMINAL PROSECUTION INCLUDED INDIVIDUAL DIFFERENCES IN THE JUDGE AND ASSISTANT DISTRICT ATTORNEY, AND TYPE OF PLEA ENTERED BY THE DEFENDANT. THE RELATIONSHIP BETWEEN EACH OF THESE FACTORS AND THE SEVERITY OF THE SENTENCES WAS THEN DETERMINED. IT WAS CONCLUDED THAT LEGAL CRITERIA FOR SENTENCING IMPOSE DEFINITE RESTRAINTS ON THE JUDGE. THE RESULTS ALSO SHOWED DIFFERENCES IN SENTENCING ACCORDING TO AGE, SEX, AND RACE, ALTHOUGH THE AUTHOR CONCLUDES THAT THIS IS A RESULT OF DIFFERENCES IN CRIMINAL BEHAVIOR PATTERNS AND NOT DUE TO PREJUDICE. IT WAS FOUND THAT NEITHER INDIVIDUAL DIFFERENCES AMONG THE PROSECUTORS OR PLEAS APPRECIABLY AFFECTED SENTENCING, WHILE THE EFFECT OF INDIVIDUAL DIFFERENCES AMONG THE JUDGES WAS MOST PRONOUNCED IN CASES OF INTERMEDIATE GRAVITY. (AUTHOR ABSTRACT MODIFIED)