Abstract
Objectives
To examine the correlates of sentence severity for convicted sex offenders under sentencing guidelines, contrasted with individuals convicted of non-sexual, violent offenses.
Methods
Drawing on 7 years of data from the Pennsylvania Commission on Sentencing, we utilize a logit-negative binomial hurdle model to examine the predictors of incarceration and sentence length, and an accompanying Oaxaca–Blinder decomposition of the gap in sentencing outcomes between the groups. We then implement a quantile regression framework to examine variation in effects across the distribution of sentence lengths. All analyses are contrasted with a matched sample of violent offenders to consider the extent to which estimated associations are unique to sex offenders.
Results
The analyses suggest several predictors of sentence severity for sex offenders, and that these predictors vary between the incarceration and sentence length decisions. In comparing effects for sex and matched violent offenders, divergent effects were observed for both case and offender characteristics. An Oaxaca–Blinder decomposition suggests that differences in the coefficient estimates account for less than one-fifth of the gap in average sentencing outcomes between sex and violent offenders. Subsequent quantile regressions indicate that these effects vary considerably over the sentence length distribution in ways that are not captured or obscured by the hurdle models.
Conclusions
The predictors of sentence severity for sex offenders, and points of divergence from violent offenders, are congruent with the notion that judges utilize crime-specific stereotypes in arriving at sentencing decisions. Further, the application of quantile regression following point-based estimation can reveal meaningful patterns in sentencing disparities.
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Notes
Although other variables such as offense seriousness and trial disposition could conceivably be included in the matching procedure, our goal was to produce a sample of violent offenders who were similar to the sample of sex offenders. Because case characteristics such as offense gravity and trial disposition are a function of group membership, rather than a predictor of group membership, matching on these variables would dramatically cut down the sex offender sample as the procedure sought to identify violent and sex offenders who were similar to each other, rather than violent offenders similar to the sex offenders. Additionally, because a coarsened exact matching procedure segmenting the age distribution only retained an additional 62 sex offenders for analysis we opted to match on exact integer values.
Consistent with previous research (e.g., Bales and Piquero 2012; Hester and Hartman 2017; Johnson 2006; Wooldredge 2010) we do not distinguish between jail and prison sanctions. Although some research (e.g., Spohn and Holleran 2004) has found this distinction to be relevant for certain covariates, a multinomial logit model utilizing a trichotomous non-custodial, jail, and prison sentence observed consistent effects between the jail and prison incarceration decisions, with only legally relevant variables significantly different between the models, and in predictable directions. Separate hurdle regressions using jail and prison sentence lengths also produced consistent conclusions, but resulted in unstable errors due to sparse jail sentences in certain counties. To this extent, jail and prison sentences are aggregated for ease of presentation.
The choice of this victim age cutoff is somewhat arbitrary, but consistent with previous sentencing literature (e.g., Amirault and Beauregard 2014; Hilinski-Rosick et al. 2014) and reflective of legal definitions utilized in Pennsylvania. This measure was triangulated from multiple variables in the PCS, including whether the offense label identified the offense as against a child (e.g., “rape of a child < 13 years”), a specific mandatory minimum was applied (e.g., “victim under 13 years old”), or the victim age variable identified the victim as being under 13. As the victim age variable is an optional indicator in the PCS, we presume that any victim not identified as under 13 was over the age of the 13, unless otherwise specified by a different variable.
As it exists in the guidelines, the prior record score is an eight-point scale with the two highest categories on the representing special designations for repeat felony and repeat violent offenders. These were combined into a single category due to the small number of cases falling into the repeat violent category (n = 240, 0.8%).
Violent offenders with previous adjudications or convictions for sexual offenses (n = 178) or were previously designated as sexual violent predators (n = 96) were removed from the analysis.
For the current sample we observed that for offenders that were not eligible for a custodial sentence under the PCS guidelines matrix (i.e., presumptive incarceration = “No”), 69% received a prison sentence. Indeed, even for the offenders with the lowest offense gravity and lowest prior record scores, 43% received a prison sentence. Conversely, a zero-inflated model would be more appropriate when the zero-value data generating process is such that there are cases which cannot receive anything but a zero-value (Zeileis et al. 2008).
For the negative binomial portion of the hurdle model, and the quantile regressions later on, we utilize coefficient equality Z-tests to compare coefficients across sex and violent offenders (Paternoster et al. 1998). However, recognizing the inappropriateness of this test for logit models (Allison 1999), we utilize the heterogenous choice model described by Williams (2009).
Multicollinearity was assessed for the individual logit and negative binomial regressions for both sex and violent offenders. Based on the square root of the variance inflation factors (VIF), no problematic values were detected.
These analyses are restricted to defendants for which the minimum sentence is greater than zero. There also exists censored quantile regression methods which account for zero values (i.e., non-custodial sanctions) in a variety of ways. The method most applicable to the current inquiry (Powell 1986) has difficulty converging on an optimal solution for individual conditional quantiles when there is a large number of dummy covariates (Freeborn and Hartmann 2010), and the other means (e.g., Portnoy 2003) have difficulty converging for very low or very high quantiles, disabling the researcher from estimating the entire quantile distribution (Koenker 2008). For the conditional quantiles that were estimated by the Portnoy method, the coefficients were very similar to those produced by the standard quantile regression approach, but no method for cluster bootstrapping is currently implemented for this method. As such, we report results from standard quantile regression methods here.
The specification of the quantile regression models was identical to the negative binomial component of the hurdle model, with the exception of the presumptive sentence, which was removed. Per Britt (2009), the inclusion of the presumptive sentence improves the predictions provided by mean-based estimation, but is unnecessary when effect estimates can be produced at different points in the outcome distribution.
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Acknowledgements
This research was supported by Grant 2015-R2-CX-0039 awarded to the University of Massachusetts Lowell by the National Institute of Justice. Arguments presented in this manuscript reflect those of the authors and do not necessarily represent those of the funding agency. We would like to thank Robert Apel and two anonymous reviewers for their helpful comments on an earlier draft of this manuscript. An earlier version of this research was presented at the 2016 meeting of the Association for the Treatment of Sexual Abusers in Orlando, Florida.
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Rydberg, J., Cassidy, M. & Socia, K.M. Punishing the Wicked: Examining the Correlates of Sentence Severity for Convicted Sex Offenders. J Quant Criminol 34, 943–970 (2018). https://doi.org/10.1007/s10940-017-9360-y
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DOI: https://doi.org/10.1007/s10940-017-9360-y