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SENTENCING IN MASSACHUSETTS SUPERIOR COURT

NCJ Number
55399
Author(s)
M HUTNER
Date Published
1977
Length
234 pages
Annotation
USING DATA FROM SIX MASSACHUSETTS SUPERIOR COURTS, THIS STUDY EXAMINES THE EXTENT TO WHICH ASPECTS OF THE JUDICIAL SYSTEM, THE CRIME, AND THE DEFENDANT INFLUENCE SENTENCE SEVERITY.
Abstract
THIS STUDY PROPOSED HYPOTHESES RELATING CHARACTERISTICS OF THE JUDICIAL SYSTEM, CHARACTERISTICS OF THE DEFENDANT, AND CHARACTERISTICS OF THE OFFENSE TO THE SEVERITY OF SENTENCE RENDERED. INCLUDED AMONG THE SPECIFIC VARIABLES EXAMINED WERE PREDISPOSITION STATUS, PLEA NEGOTIATION, THE COURT, PRIOR FELONY CONVICTONS, TYPE OF VICTIM, AND WEAPON USED. THE EXPECTED RELATIONSHIPS BETWEEN VARIABLES ARE PREDICTED IN EIGHT HYPOTHESES. THE SAMPLE FOR THIS STUDY CONSISTED OF 317 ARMED ROBBERY DEFENDANTS FOUND GUILTY IN 6 MASSACHUSETTS COURTS DURING THE YEARS 1969 AND 1970. RECORD DATA WERE USED FOR THE STATISTICAL ANALYSIS WHICH CONCENTRATED ON TABLE ANALYSIS AND REGRESSION ANALYSIS. TABLE ANALYSIS IS AN EXAMINATION OF THE EFFECT AN INDEPENDENT VARIABLE HAS ON THE DEPENDENT VARIABLE. MULTIPLE REGRESSION IS A MORE REFINED TECHNIQUE BECAUSE IT IS ABLE TO CONTROL FOR ALL THIRD VARIABLES AT THE SAME TIME. TABLE ANALYSIS IS UNABLE TO DO THIS. IT WAS FOUND THAT TWO JUDICIAL VARIABLES, INABILITY TO POST BAIL AND THE PRACTICE OF CHARGING DEFENDANTS WITH MULTIPLE COUNTS, RESULTED IN GREATER SENTENCING SEVERITY. IN ADDITION, A NOT GUILTY PLEA AND THE ABSENCE OF PLEA NEGOTIATION LED TO GREATER SEVERITY IN SENTENCING. FURTHERMORE, DIFFERENCES IN TRIAL COURT LED TO DIFFERENCES IN DISPOSITION. ON THE IMPACT OF CHARACTERISTICS, OLDER DEFENDANTS AND THOSE WITH A LARGER NUMBER OF PRIOR FELONIES WERE USUALLY GIVEN MORE SEVERE SENTENCES. DEFENDANTS WHO STOLE FROM LARGE STORES OR FROM A BANK WERE SENTENCED MORE SEVERELY THAN THOSE WHO STOLE FROM INDIVIDUAL VICTIMS. AMOUNT OF MONEY STOLEN AND CHOICE OF WEAPON DID NOT IMPACT ON SENTENCE SEVERITY. TABLES AND BIBLIOGRAPHY ARE PROVIDED. (MLC)

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