SENTENCE LENGTH AND SENTENCE DISPARITY - AN ANALYSIS AND CLARIFICATION OF A PROBLEM IN THE SOCIOLOGY OF LAW

• NCJ Number: 60900
• Author(s): E E LABEFF
• Date Published: 1978
• Length: 152 pages
• Sale Source: UMI Dissertation Services
• Publication Type: Thesis/Dissertation
• Language: English
• Country: United States of America
• Note: OKLAHOMA STATE UNIVERSITY - DOCTORAL DISSERTATION

Annotation

VARIATIONS IN PRISON SENTENCES HANDED DOWN BY OKLAHOMA COURTS WERE EXAMINED FROM BOTH THE LEGALISTIC AND CONFLICT PERSPECTIVES, USING DATA ON BOTH PRISONERS AND PAROLEES.

Abstract

PRIOR RESEARCH HAS REACHED CONTRADICTORY VIEWS REGARDING THE RELATIVE SIGNIFICANCE OF THE TWO PERSPECTIVES. THE LEGALISTIC PERSPECTIVE OF SENTENCING EMPHASIZES FACTORS SUCH AS CRIME SERIOUSNESS AND OFFENDER'S PRIOR RECORD, WHEREAS THE CONFLICT PERSPECTIVE EMPHASIZES EXTRALEGAL VARIABLES SUCH AS THE OFFENDER'S SOCIOECONOMIC CHARACTERISTICS AND THE TYPE OF PLEA. THE PRESENT STUDY POPULATION CONSISTED OF THE 1975 OKLAHOMA STATE PRISON POPULATION, THE 1975 PAROLE RELEASES FROM THE STATE PRISON, AND THE NEW ADMISSIONS TO THE STATE PRISON DURING THE FIRST 6 MONTHS OF 1976. MULTIPLE CORRELATION AND REGRESSION ANALYSES WERE PERFORMED TO EXPLAIN SENTENCING VARIATION IN THE LIGHT OF FIVE COMPONENTS: SERIOUSNESS OF OFFENSE, OFFENDER'S CRIMINAL HISTORY, EXTRALEGAL VARIABLES SUCH AS TYPE OF PLEA, JUDICIAL DISCRETION, AND ERROR VARIATION. RESULTS SHOWED THAT A LEGAL VARIABLE, SERIOUSNESS OF THE OFFENSE, AND AN EXTRALEGAL VARIABLE, TYPE OF PLEA, WERE MOST ASSOCIATED WITH THE LENGTH OF PRISON SENTENCE. CRIMINAL RECIDIVISM AND COUNTY URBANISM WERE ALSO ASSOCIATED WITH SENTENCE LENGTH, BUT TO A LESSER DEGREE. DEMOGRAPHIC VARIABLES SHOWED LITTLE ASSOCIATION WITH SENTENCE LENGTH EITHER WHEN CONTROLLED OR WHEN NOT CONTROLLED FOR LEGALLY RELEVANT VARIABLES. RESULTS VARIED SLIGHTLY ACCORDING TO THE COHORT EXAMINED. RESULTS WERE LIMITED BY MISSING OR UNCLEAR DATA, MEASUREMENT ERROR, AND DEFICIENCIES IN THE MODEL ITSELF. POTENTIAL SOLUTIONS TO THE PROBLEM OF SENTENCING DISPARITY INCLUDE ESTABLISHMENT OF SENTENCING INSTITUTES AND COUNCILS, APPELLATE REVIEW OF SENTENCES, LEGISLATIVELY FIXED MAXIMUM SENTENCES, REQUIRING SENTENCING JUDGES TO STATE IN WRITING THE JUSTIFICATIONS OF SENTENCES, AND OPEN PLEA NEGOTIATIONS. FURTHER RESEARCH IN OTHER GEOGRAPHIC AREAS AND USING ADDITIONAL VARIABLES IS RECOMMENDED. A LITERATURE REVIEW, DESCRIPTION OF RESEARCH METHODS, TABLES,FIGURES, A BIBLIOGRAPHY, AND THE INVESTIGATOR'S VITA ARE INCLUDED. (CFW)