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Punishing Political Offenders: The Effect of Political Motive on Federal Sentencing Decisions

NCJ Number
163106
Journal
Criminology Volume: 34 Issue: 3 Dated: (August 1996) Pages: 289-321
Author(s)
B L Smith; K R Damphousse
Date Published
1996
Length
33 pages
Annotation
This is an assessment of the ability of three theoretical models (consensus, conflict, and structural-contextual) to explain differences in sentencing patterns for terrorists and nonterrorists convicted of similar offenses.
Abstract
Although political motive is frequently avoided as an issue in the prosecution of terrorists, previous research indicates that these offenders consistently receive longer sentences than nonterrorists convicted of similar offenses. Data on terrorists provided by the Federal Bureau of Investigation, the Administrative Office of the US Courts, and the US Sentencing Commission are matched with data on a sample of similarly convicted nonterrorists from the Federal Court Cases Integrated Data Base. Controlling for a number of demographic and sentencing-related variables, the results indicate that the official label of terrorist is not only a significant predictor of sentence length, but emerges as the dominant explanatory variable in the analysis. The results provide general support for both consensus and conflict hypotheses, but only partial support for structural-contextual theory. The findings also raise procedural questions regarding the extensive variation in sentencing between similarly situated defendants when political motive is used as a primary criterion for sentence enhancements. Footnotes, tables, figures, references, appendixes

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