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Twice Labeled: The Effect of Psychiatric Labeling on the Sentencing of Sex Offenders

NCJ Number
126227
Journal
Social Problems Volume: 37 Issue: 3 Dated: (August 1990) Pages: 375-389
Author(s)
A Walsh
Date Published
1990
Length
15 pages
Annotation
This study explores the effects of a psychiatric referral on the sentencing of sex offenders.
Abstract
Data come from an examination of all felony sexual assault cases in a metropolitan Ohio county between 1978 and 1984 (N=431). All sex offenders who were referred for psychiatric evaluation were given a label indicative of some sort of pathology. After adjusting for the effects of crime seriousness and prior record, referred/labeled offenders were just over twice as likely to be incarcerated as sex offenders who were not referred/labeled. This was not a function of punitive psychiatric recommendations; psychiatrists recommended probation for the individuals they tested significantly more often than did probation officers who processed the same individuals. It was also found that only crime seriousness, prior record, and treatment prognosis significantly affected psychiatric recommendations. Other extralegal variables - acceptance of blame, IQ, race, and SES did not independently affect sentencing. Further, only crime seriousness and prior record significantly affected prognosis. Only labeling significantly affects sentencing after the effects of the legally relevant variables are taken into account. 5 tables and 40 references. (Author abstract)

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