SOCIAL CLASS AS A FACTOR AFFECTING JUDICIAL DISPOSITION DEFENDANTS CHARGED WITH CRIMINAL HOMOSEXUAL ACTS

• NCJ Number: 48368
• Journal: Criminology Volume: 13 Issue: 1 Dated: (MAY 1975) Pages: 57-77
• Author(s): D H WILLICK; G GEHLKER; A M WATTS
• Date Published: 1975
• Length: 21 pages
• Corporate Author: Sage Publications, Inc; American Soc of Criminology
• Publication Format: Article
• Publication Type: Statistics
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

THE EFFECT OF SOCIAL CLASS ON THE SEVERITY OF A DEFENDANT'S DISPOSITION IS EXAMINED IN 490 CASES WHERE ADULTS APPEARED IN THE LOS ANGELES COUNTY CALIF., SUPERIOR COURT DURING THE EARLY 1960'S

Abstract

INFORMATION REGARDING THESE DEFENDANTS CAME FROM A RANDOM SAMPLE OF CASES WHICH WERE PART OF A STUDY OF THE CRIMINAL PROSECUTION OF CONSENTING ADULT HOMOSEXUALS CARRIED OUT BY THE UNIVERSITY OF CALIFORNIA AT LOS ANGELES LAW REVIEW. ALL THE DEFENDANTS IN THE SAMPLE HAD BEEN CHARGED WITH A FELONY, EITHER SODOMY OR ORAL COPULATION. EACH DEFENDANT WAS RATED ACCORDING TO SOCIAL CLASS AND SEVERITY OF THE DISPOSITION OF HIS CASE. THE DEFENDANT'S OCCUPATION SERVED AS THE BASIS FOR HIS SOCIAL-CLASS RATING. THE DEFENDANTS WHO WERE SENTENCED TO STATE PRISON RECEIVED THE HARSHEST DISPOSITION SINCE THEY WERE CONVICTED OF A REGISTERABLE OFFENSE AND HAD TO SERVE AT LEAST A 1-YEAR PRISON TERM. THE NEXT MOST SEVERE DISPOSITION FOR THE OFFENDER WAS TO BE CONVICTED OF A REGISTERABLE OFFENSE. A LESS SEVERE DISPOSITION WAS CONVICTION FOR A NONREGISTERABLE OFFENSE. THE BEST DISPOSITION WAS TO BE FOUND NOT GUILTY OR TO HAVE THE CHARGES DISMISSED BEFORE A GUILTY FINDING. A FINAL CATEGORY, WITH THE NEXT TO THE LEAST SEVERITY, WAS TO BE FOUND GUILTY OF A NONREGISTERABLE OFFENSE AND TO HAVE THE SENTENCE STIPULATE DISMISSAL OF THE CHARGES AFTER TERMINATION OF PROBATION, WHICH WOULD USUALLY OCCUR UPON PAYMENT OF A FINE. THE RESULTS OF THIS STUDY INDICATE THAT THE SEVERITY OF DISPOSITION IS NOT RELATED TO THE SOCIAL CLASS OF THE DEFENDANT. DEFENDANTS WITH PRIOR CONVICTIONS FOR SEXUAL OFFENSES RECEIVED THE WORST DISPOSTIONS WHILE THE DEFENDANTS WITH NO PRIOR CONVICTIONS RECEIVED THE BEST. THE DATA INDICATE THAT THERE WAS LITTLE EVIDENCE THAT THOSE DEFENDANTS FROM THE LOWER CLASS RECEIVED HARSHER SENTENCES FOR HOMOSEXUAL ACTS THAN DID THOSE FROM A HIGHER CLASS. THREE COURT DISPOSITION MODELS FOR FUTURE STUDY ARE PRESENTED. THE FIRST IS THE SOCIAL POWER-DISCRIMINATION MODEL WHICH SUGGESTS THAT MINORITIES AND THE POOR ARE DISCRIMINATED AGAINST BY THE COURTS. THE SECOND MODEL SUGGESTS THAT THE COURTS ARE INVOLVED IN A GOOD-FAITH ADMINISTRATION OF THE CRIMINAL LAW USING LEGAL DEFINITIONS OF THE SEVERITY OF AN OFFENSE OR THE STANDARDS OF CULPABILITY AND DETERRENCE ACCEPTED BY THE COURTS FOR EXPLANATIONS OF COURT CASE DISPOSITION. A THIRD MODEL ANALYZES CRIMINAL COURTS AS BUREAUCRACIES, ESPECIALLY SINCE JURY TRIALS AND PLEA BARGAINS LEAD TO THE WORST DISPOSITIONS. TABULAR DATA, NOTES, AND REFERENCES ARE PROVIDED. (JSP)