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Sense of Justice Regarding the Right To Punish and the Courts' Sentencing (From Pafoljdsval, straffmatning och straffvarde, P 54-71, 1980 - See NCJ-80645)

NCJ Number
80648
Author(s)
U Bondeson
Date Published
1980
Length
18 pages
Annotation
Survey data collected from residents and judges in Malmo, Sweden, are compared and contrasted to determine differences in perceptions of just punishments for certain offenses, the criminality of certain acts, and agreement on (judges) or awareness of (residents) legal penalties for offenses.
Abstract
A total of 240 citizens responded to a 50-item survey covering behaviors running the gamut from clearly felonious acts to deviant or 'immoral' activities. Respondents were asked to comment on the illegality of the behaviors, the corresponding legal penalties, and what they personally believed should be the penalty for the behavior. The citizens' perceptions of deviant behaviors were more stringent than the legal attitude for some crimes, but more lenient for others. Educational level, life experiences, age, and sex correlated with differences in these perceptions for some crimes. The 29 judges answered questions on 18 behaviors regarding severity, sentencing decisions, and meting out sentences, as well as on criminal policy questions. Although judges' agreement was high on the severity of crime for most of the behaviors, differences did occur regarding proper penalties. Judges' responses, when compared with citizen responses, showed considerable agreement on the criminality of acts, but less agreement on the right to punish for certain moral offenses. Judges were more disapproving of and harsher regarding violent crimes and crimes against the state (e.g., tax evasion) than citizens, and citizens were more disapproving and stringent regarding deviant behaviors with moral overtones. Implications are that sentencing schedules for determinate sentencing will not be simple to construct and should take into account citizens' perceptions of crime severity and just punishment. Study data and 13 references are provided.

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