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PARTNERS IN CRIME - A STUDY OF THE LEGAL PROCESSING OF MALE-FEMALE CRIMINAL CO-DEFENDANTS

NCJ Number
64988
Author(s)
C L FENSTER
Date Published
1979
Length
226 pages
Annotation
COURT TREATMENT OF MALE AND FEMALE CODEFENDANTS IN DENVER, COLO., WAS CONSIDERED AT THREE SEQUENTIAL STAGES IN THE ADJUDICATION PROCESS (BAIL, DEFERRED DISPOSITION, AND FINAL DISPOSITION).
Abstract
TWO PURPOSES GUIDED THE RESEARCH: (1) TO PROVIDE DESCRIPTIVE INFORMATION ON MALE-FEMALE CODEFENDANTS; AND (2) TO TEST THE ASSERTION THAT OFFENSE VARIABLES, PARTICULARLY ROLE IN THE CRIME, HAVE MORE IMPACT ON COURT TREATMENT OF CODEFENDANTS THAN SUCH PERSONALITY CHARACTERISTICS AS AGE. FIVE HYPOTHESES WERE TESTED: (1) DEFENDANTS WHO PLAY EQUAL ROLES RECEIVE EQUAL LABELS; (2) DEFENDANTS WHO PLAY DOMINANT ROLES RECEIVE HARSHER LABELS, REGARDLESS OF SEX, THAN MINOR PARTNERS; (3) FEMALES PLAY MINOR ROLES WITH MALES IN CRIME PARTNERSHIPS; (4) FEMALES RECEIVE MILDER LABELS THAN MALE CODEFENDANTS; AND (5) VARIABLES ASSOCIATED WITH THE OFFENSE EXPLAIN MORE VARIATION IN LABELING THAN ORGANIZATIONAL VARIABLES OR DEFENDANT CHARACTERISTICS. THE STUDY SAMPLE CONSISTED OF 105 MALE-FEMALE CODEFENDANT PAIRS AND 151 MALE-FEMALE CODEFENDANTS PAIRS WHOSE FELONY CASES WERE FILED IN THE DENVER DISTRICT COURT DURING THE PERIOD OF JANUARY 1972 THROUGH DECEMBER 1977. DATA WERE OBTAINED FROM COURT RECORDS, INTERVIEWS WITH LEGAL OFFICIALS, AND OBSERVATIONS OF COURT PROCEEDINGS. RESULTS DID NOT SUPPORT THE PREDICTION THAT ROLE IN THE CRIME AND OTHER OFFENSE VARIABLES SIGNIFICANTLY AFFECT THE LABELING OF MALE-FEMALE CODEFENDANTS AT ALL ADJUDICATION STAGES. ROLE WAS NOT CONSISTENTLY RELATED TO THE EQUALITY OR SEVERITY OF LABELING, ALTHOUGH IT DID HAVE SOME EFFORT ON THE DEFERRED DISPOSITION STAGE. OVERALL, DATA INDICATED THAT SEX HAD A STRONGER INFLUENCE ON THE LABELING PROCESS THAN ROLE. FEMALES RECEIVED MILDER LABELS REGARDLESS OF WHETHER THEY PLAYED DOMINANT, EQUAL, OR MINOR ROLES; MALES RECEIVED HARSHER LABELS. EVEN WHEN PRIOR CRIMINAL HISTORY WAS INTRODUCED AS A CONTROL VARIABLE, FEMALES CONTINUED TO RECEIVE MILDER LABELS. SIGNIFICANT LABELING PREDICTORS DIFFERED BETWEEN MALES AND FEMALES AND FROM STAGE TO STAGE, SUGGESTING THAT SEX PROVIDES A DIFFERENT CONTEXT IN WHICH TO APPLY LEGAL NORMS AND THAT MAJOR DETERMINATIVE FACTORS VARY WITH JUDICIAL DECISION AND STAGE IN THE ADJUDICATION PROCESS. ADDITIONAL RESEARCH BASED ON SOCIETAL REACTION THEORY IS NEEDED TO ADDRESS THE ROLE OF SEX IN THE LABELING PROCESS, ADJUDICATION STAGES, AND THE IMPACT FOR ORGANIZATIONAL VARIABLES ON LEGAL DECISIONMAKING. SUPPORTING DATA AND A BIBLIOGRAPHY ARE PROVIDED. APPENDIXES CONTAIN THE DATA COLLECTION FORM AND CODE SHEET, THE INTERVIEW SCHEDULE, AND DESCRIPTIVE INFORMATION ON MALE-FEMALE CODEFENDANTS. (AUTHOR ABSTRACT MODIFIED--DEP)