This study examined how race, gender, and age interact to affect defendants’ sentences using a trichotomized dependent variable. The findings indicate that the racial and gender disparity found in sentencing decisions was largely due to Black men’s increased likelihood of receiving jail as opposed to probation. The results also show that being young resulted in increased odds of receiving probation over jail for White men and for women but resulted in decreased odds for Black men. Separate analysis of incarceration terms to jail and prison further reveal that legal factors had a greater impact on prison than on jail sentence length. Overall, the results strongly support the argument that sentencing research needs to consider sentences to jail and prison separately.
Women's fear of rape and sexual assault has been both theoretically and empirically linked to their fear of other types of crimes, a phenomenon referred to as the shadow of sexual assault hypothesis in past research. This thesis has been supported across specific populations (i.e., the general population of women in the United States and college women in the United States), but the research examining the shadow of sexual assault hypothesis has suffered from methodological limitations. The current research corrected these limitations and performed a test of the shadow of sexual assault hypothesis among college and university students across temporal situations and victim-offender relationships. The findings indicate that women's fear of rape and sexual assault does impact their fear of nonsexual crimes across temporal situations and victim-offender relationships.
There is an abundance of studies that examine judicial discretion in the final sentencing stages; however, few have examined discretion in the early stages of court decisions. Pretrial release is especially concerning as it has been strongly correlated with a final sentence of incarceration and deprives defendants of their freedom. This study examined whether race, gender, and age influence judges’ decisions to detain or release a defendant prior to trial. The results indicate that females and younger defendants were less likely to be detained. Race was not significant after economic variables were included. When examining males and females separately, race was significant for females, with Black females being the least likely to be detained. For White females, White males, and Black males, offenders aged 30—39 were more likely to be detained than their younger counterparts. Younger and older White females were not significantly more likely to be detained than their Black female counterparts.
Using the focal concerns perspective, the current study examines the factors that affect probation officers' recommendations and the effect these recommendations have on final sentencing decisions. Results indicate that there is a high level of agreement between probation officers' recommendations and final sentencing decisions. When judges depart from recommendations, departures are most often upward, with judges sentencing defendants to a harsher penalty. Although it was predicted that the variables that construct the perceptual shorthand would have a greater influence on judges' decisions than on probation officers' recommendations, this was only partially supported by the findings. Final sentence outcomes appeared to be more directly influenced by race than the probation officers' recommendations. Instead of having a direct effect, race affected probation officers' recommendations through income and education. The implications of these findings are further discussed.
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