Punitive Sentences Research Articles

Race/Ethnicity and Sentencing Outcomes Among Drug Offenders in North Carolina

Findings from previous studies suggest that Blacks and Hispanics are likely to receive more punitive sentences than Whites, but overall results are far from conclusive and few examinations contain analyses of Black versus Hispanic differences. In the current study, sentencing outcomes were examined for a random sample of felony drug offenders convicted during calendar year 2000 in a large urban jurisdiction in North Carolina. The analysis focused on Black—White, Hispanic—White, and Hispanic—Black differences. White offenders received less severe punishments than either Blacks or Hispanics; Hispanic offenders were particularly disadvantaged because they received harsher punishments relative to both Blacks and Whites.

Revenge, Retribution, and Values: Social Attitudes and Punitive Sentencing

This study examined the pattern of relations between vengeance attitudes, right-wing authoritarianism (RWA), and social dominance orientation (SDO) using the structure of value types proposed by Schwartz (Adv Exp Soc Psychol 25:1–65, 1992). Relations between these variables and support for a variety of sentencing options, including capital punishment, were then investigated. One hundred and forty-eight students in Adelaide, South Australia, completed a Vengeance Scale (Stuckless and Goranson, J Soc Behav Pers 7:25–42, 1992), measures of RWA and SDO, the Schwartz Value Survey (1992), and a Sentencing Goals Scale. As predicted, vengeance attitudes and SDO were found to be positively related to the importance of power values and negatively related to the importance of universalism and benevolence values. Vengeance attitudes were negatively related to rehabilitation and positively related to support for retribution and incapacitation sentencing goals, while RWA was positively related to the endorsement of deterrence and incapacitation as sentencing goals. Regression analyses indicated that only RWA and vengeance attitudes were unique predictors of death penalty support. Results provide support for the suggestion that vengeance is closely associated with our notion of retributive justice.

Age, Racial/Ethnic Minority Status, Gender and Misdemeanor Sentencing

ABSTRACT Researchers have increasingly examined interactions between various combinations of legal and extralegal variables to explain disparities in felony criminal sentencing decisions. This paper focuses on the combined effects of extralegal variables such as age, racial/ethnic minority status, and gender have on misdemeanor criminal sentencing. Results indicate that adult, White males experienced the harshest fine amounts, while young, young adult, and adult racial/ethnic minority males had a higher likelihood of receiving other punitive sentences in addition to, or rather than just a fine. The results provide support for competing theoretical approaches of contextual discrimination and focal concerns. The implications for racial/ethnic bias in lower court decisions are discussed.

Ethics and corporate governance: banking on scandal

The forced introduction of compliance programmes has become an integral component of regulatory enforcement strategies in the United States. They are designed to limit corporate malfeasance and misfeasance. Their use has been extended far beyond generic codes of conduct introduced to minimise corporate liability from punitive federal sentencing guidelines. It is now a federal requirement for publicly listed corporations to have a code of ethics. Any derogation must be reported to the Securities and Exchange Commission. This paper suggests that the institutionalisation of compliance in itself represents a major problem. This is because it privileges a transactional approach to ethics in which form replaces substance. The argument is developed by examining the ethical problems facing Citigroup, one of the largest financial conglomerates in the world. Despite having a code that far exceeds the industry standard, it has failed to protect the corporation from major ethical failures.

Developing humane criminal justice systems in democratic societies: An update from Hungary

This article examines the changes and development of penal policy and community sentencing in Hungary. As a new criminal justice system emerges, including the recently reformed probation service in Hungary, this article argues that democratic societies must hold a careful balance between controlling the behaviour of its citizens, whilst crucially also ensuring their freedom, dignity and human rights. From the position of someone who has been closely involved with these developments and transitions in Hungary, the author questions whether the balance that has been achieved in ‘advanced’ democracies, such as the USA, given the excessive use of imprisonment and punitive sentencing. She argues that an alternative model is in the best interests of all - one that stigmatizes the offence but not the offender.

Outcomes related to burn-related child abuse: a case series.

Nationally, approximately 10% of child abuse cases involve burning, and up to 20% of pediatric burn admissions involve abuse or neglect. Historically, these cases have been more difficult to prosecute than nonburn cases for multiple reasons. Between 1995 and 1999, there were 285 pediatric (under 18) patients admitted to the Spectrum Health Regional Burn Center. Of these cases, 18 of the alleged perpetrators were legally investigated for suspicion of child abuse, and 7 received punitive sentences. We found that men tended to be prosecuted and convicted more often than women and that cases involving multiple instances of injury tended to be prosecuted more frequently. Similarly, we found that cases involving more severe injuries tended to be prosecuted more successfully. There are many psychological and social factors involved in handling burn abuse cases. However, by successful prosecution of these crimes, victims tend to fare better both socially and psychologically.

Juror-defendant similarity and the assessment of guilt in politically motivated crimes

This study examined the effect of political similarity between a defendant and simulated jurors on the subjects' assessment of guilt and recommendation of sentence in a political crime. Subjects read evidence presented at two political trials, one a terrorist bombing and the other a politically motivated burglary. In both crimes, the defendant was sometimes identified as a radical leftist and sometimes identified as a member of the radical right. Subjects then rendered verdicts, recommended sentences, and answered questions about their own beliefs. It was found that as objective similarity increased, the probability of finding the defendant guilty decreased in the political burglary (a crime in which there was no loss of life). This effect was not observed in the terrorist bombing (a crime in which there was loss of life). In both crimes there was a tendency for similarity to lead to more punitive sentences when the subject was convinced of the defendant's guilt.

The Possibility of a Prison Sentence Is a Necessity

A policy which would prohibit sentencing of nondangerous offenders to prison is based on the unacceptable premise that prisons are and must continue to be destructive. The Policy would make ineffectual the less punitive sentences such as fines and probation, for the removal of the possible sanction of a prison sentence would also remove, in many instances, the strongest motive to pay the fine or keep the conditions of probation. The policy would polarize the now general attitude of the public that the courts are too lenient. The legislatures in response to the public outcry would enact more mandatory sentencing legislation. Thus the movement to encourage the use of probation and fines would be set back sharply. A prison sentence should be the last alternative considered by the trial judge. But it must be available for use and the defendant must be aware of this availability and the possibility of its use for the protection of society.

THE YOUNG OFFENDER*

“Because of the great difficulty in awarding punitive sentences that do not do more harm than good, it is quite likely that in the future most young delinquents will no longer be punished by the State, but merely given appropriate treatment. (italics mine). However, public opinion today would be so outraged at this suggestion that it is imperative to try to discover ways and means which, while satisfying the natural desire for retribution, can do so without increasing the criminal tendencies of the offenders.”