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Elderly Offender and Sentencing Leniency

NCJ Number
116770
Journal
Journal of Offender Counseling, Services and Rehabilitation Volume: 13 Issue: 2 Dated: special issue (1989) Pages: 125-140
Author(s)
G S Turner; D J Champion
Date Published
1989
Length
16 pages
Annotation
This study examined sentencing severity as a function of offender age in 1970-1984 data for felony convictions in Kentucky, Tennessee, and Virginia.
Abstract
The sample included 3,264 elderly offenders (age 60 or over), 39 percent of whom were prior offenders, and 61 percent of whom were first offenders. Sentencing severity was determined by calculating an actual sentence/maximum sentence (AS/MS) ratio. Results show a clear downward trend in AS/MS ratios for elderly offenders over the study period. This decline in sentencing severity was found for both first and prior offenders and for violent and property offenders. A comparison of the AS/MS ratios of elderly and younger offenders convicted of robbery indicates that regardless of prior record, younger robbers received sentences with AS/MS ratios over twice those of elderly robbers. Both elderly and younger first offenders received less severe sentences than did those with prior records. Further, of the 550 young offenders, 264 (48 percent) received probation; while of 516 elderly offenders, 402 (78 percent), received probation. Overall, results indicate that younger offenders are penalized much more severely compared with their older counterparts. Age appears to function as a mitigating circumstance, but seems to account for greater discrepancies than it should given a just deserts perspective. 1 note, 4 tables, 3 figures, and 29 references.

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