Abstract
The author develops a scaling technique for felony sentence severity that includes probation and estimates of expected actual incarceration time in a single metric scale. The author uses the severity measure and nonreactive case data in a set of statistical analyses with which he attempts to test recent theoretical developments in the trial court literature that posit individual actor effects related to extralegal variables in sentencing decisions and the importance of interaction among work group members in those decisions. The findings indicate that differential effects exist across judges, prosecutors, and defense attorneys in a court and offer support for the influence of the courtroom work group.
Similar content being viewed by others
References
Administrative Office of U.S. Courts (1968).Federal Offenders in the U.S. District Courts 1967. Washington: Administrative Office of U.S. Courts.
Buchner, D. (1979). “Scale of Sentence Severity.”Journal of Criminal Law and Criminology 70:182–187.
Clarke, S. H., and G. G. Koch (1976). “The Influence of Income and Other Factors on Whether Criminal Defendants go to Prison.”Law and Society Review 11:57–92.
Eisenstein, J., and H. Jacob (1978).Felony Justice: An Organization Analysis of Criminal Courts. Boston: Little, Brown.
Gibson, J. (1978). “Race as a Determinant of Criminal Sentences: A Methodological Critique and Case Study.”Law and Society Review 12:455–478.
Hagan, J. (1974). “Extra-legal Attitudes and Criminal Sentencing: An Assessment of a Sociological Viewpoint.”Law and Society Review 8:357–383.
Kress, J. M., L. T. Wilkins, and D. M. Gottfredson (1976). “Is the End of Judicial Sentencing in Sight?”Judicature 60:216–222.
Lehtinen, M., and Smith, G. (1974). “The Relative Effectiveness of Public Defenders and Private Attorneys.”National Legal Aid and Defenders' Association Briefcase 32:13.
Lipson, A. J., and M. A. Peterson (1980).California Justice Under Determinate Sentencing: A Review and Agenda for Research. Santa Monica: The Rand Corporation.
Mather, L. M. (1979).Plea Bargaining or Trial: The Process of Criminal Case Disposition. Lexington, Mass.: Lexington Books.
Stipak, B., and J. C. McDavid (1981). “Factors Affecting the Severity of Judicial Sentences: A New Research Approach.” Mimeo, Institute of Public Administration, Pennsylvania State University.
Tiffany, L., Avichai, Y., and Peters, G. (1975). “A Statistical Analysis of Sentencing in Federal Courts: Defendants Convicted After Trial, 1967–1968.”Journal of Legal Studies 4:369–390.
Author information
Authors and Affiliations
Rights and permissions
About this article
Cite this article
Croyle, J.L. Measuring and explaining disparities in felony sentences: Courtroom work group factors and race, sex, and socioeconomic influences on sentence severity. Polit Behav 5, 135–153 (1983). https://doi.org/10.1007/BF00989989
Issue Date:
DOI: https://doi.org/10.1007/BF00989989