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Just Deserts, the Severity of Punishment and Judicial Sentencing Decisions

NCJ Number
133330
Journal
Criminal Justice Policy Review Volume: 4 Issue: 1 Dated: (1990) Pages: 19-38
Author(s)
J J Sloan III; J L Miller
Date Published
1990
Length
20 pages
Annotation
This study analyzes factors in the severity of punishment meted out to felony offenders in a large urban jurisdiction in the Midwest.
Abstract
The analysis involved a systematic sample of 1983 felony cases obtained from prosecutor records. These data were used to examine and draw inferences from the sentencing behavior of judges in the jurisdiction. The study argues that punishment severity consists of two dimensions. The first is qualitative and involves the type of sanction the offender receives (e.g., prison, probation, fine, or restitution). The second dimension is quantitative and concerns the length of the term of sanction. The study links punishment severity to "frequency" of crime in the community and with the "visibility" of these crimes. In interpreting judicial sentencing behavior, the study concludes that judges in the jurisdiction follow a "just deserts" philosophy of sentencing in which highly visible crimes are more likely to receive severe punishment (incarceration), and low-visibility crimes are less likely to receive this sanction (when the researchers controlled for crime seriousness). 1 figure, 3 tables, 8 notes, and 59 references