Some Explorations in the Scaling of Penalties

Abstract

Quantification techniques in criminology have been applied extensively to the measurement of the seriousness of offenses, but the question of the relative severity of different penalities has been neglected. Which, for example, is the more severe penalty, a heavy fine, a long period of probation, or a short term of imprisonment? Is a $1,000 fine twice as severe a penalty as a $500 fine? This topic is not only of theoretical interest in itself It also has immediate practical implications for research on sentencing practices, on the seriousness of offenses, and on deterrence, as well as for the implementation of prevailing notions of proportionality in sentencing policy and for certain other juris prudential problems. Attempts have occasionally been made to meet the requirements of research in this area by selecting an arbitrary measure of severity, such as imprison ment rates. Other researchers have assigned arbitrary weights to the various penalties. What is required, however, is the development of an empirically based scale, deriving from respondents' perceptions of the relative severity of various penalties. The methodology employed in measuring the seriousness of offenses may be adapted for this purpose. Tentative findings of an exploratory study are considered.