NCJ Number
55109
Date Published
1978
Length
24 pages
Annotation
AN ARGUMENT IS MADE THAT THE CURRENT PRACTICE OF GIVING YOUNG AND FIRST-TIME OFFENDERS LIGHT SENTENCES WHILE SENTENCING OLDER MULTIPLE OFFENDERS MORE SEVERELY IS THE REVERSE OF WHAT SHOULD BE DONE FOR GREATER DETERRENCE.
Abstract
STATISTICAL STUDIES ARE CITED TO INDICATE THAT THE NUMBER OF SERIOUS CRIMES COMMITTED BY MOST RECIDIVISTS IS SMALLER THAN ASSUMED AND THAT THE SIZE OF THE CRIMINAL POPULATION IS LARGER THAN BELIEVED. THIS IS ESPECIALLY TRUE FOR YOUNG OFFENDERS. STUDIES BY WOLFGANG AND OTHERS INDICATE THAT MULTIPLE OFFENDERS COMMIT CRIMES AT THE RATE OF ABOUT 2 TO 2.5 PER YEAR OVER A PERIOD OF ABOUT 10 YEARS UP TO AGE 30. THESE FINDINGS HAVE LED MANY TO BELIEVE THAT LONGER TERMS OF INCARCERATION WILL REDUCE CRIME JUST BY TAKING THE CRIMINALS OUT OF SOCIETY. HOWEVER, THIS APPROACH HAS LED POLICE AND COURTS TO CONCENTRATE ON SO-CALLED HABITUAL OFFENDERS WHO ARE USUALLY IDENTIFIED ONLY AS THEY GROW OLDER AND THEIR CRIMINAL ACTIVITY HAS BEGUN TO DECLINE. IT IS ARGUED THAT CURRENT SENTENCING PRACTICES, WHICH TEND TO PLACE YOUNG OFFENDERS AND FIRST-TIME FELONY OFFENDERS ON PROBATION, IGNORE THE GROUP MOST LIKELY TO HAVE HIGH CRIMINAL ACTIVITY. SOUTHERLAND AND CRESSY FOUND THAT CRIMINALITY PEAKS ABOUT AGE 16 WITH MEN AGED 25 TO 30 NO MORE LIKELY TO BE ARRESTED THAN BOYS 11 OR 12 YEARS OLD. ZIMRING FOUND THAT ARREST RATES FOR ROBBERY PEAK BETWEEN AGES 18 AND 19 WHILE A 23 YEAR OLD IS MORE THAN TWICE AS LIKELY TO GO TO PRISON THAN AN OFFENDER OF 19. THE RAND STUDY ON CAREER CRIMINALS IS EXAMINED IN DETAIL. IT IS SUGGESTED THAT TO BE TRULY DETERRENT, INCARCERATION SHOULD BE USED FOR HIGH-CRIME YOUNG OFFENDERS AND MORE SEVERE PENALTIES SHOULD BE GIVEN FIRST-TIME OFFENDERS. A BIBLIOGRAPHY IS APPENDED. (GLR)