Similar sentences, similar crimes? Using deep sample analysis to examine the comparability of homicides and punishments by victim-offender relationship

Abstract

Perspectives in sociology of law and criminology provide theoretical justification for expecting victim-offender relationship to affect sentencing. Screening devices used by court actors may consider factors not directly related to the crime, but grounded in dominant stereotypes about the crime and those involved. Using data from an urban jurisdiction in Canada, this study compares cases that differed by relationship to determine whether similar homicides were treated similarly at sentencing and whether stereotypes about intimate partner homicide could explain any punishment disparity. The deep sample analysis showed that disparities in sentencing appeared to be most common for cases in which an offender who killed intimate partners received shorter sentences than other offenders, despite the intimate partner homicide appearing more serious in nature. Results also challenge dominant stereotypes about intimate partner homicide that may affect punishment outcomes. Controls for offense severity in traditional, quantitative sentencing research may not effectively capture variations in homicide.