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Apolitical courts? Rape sentencing in Montana
Author(s) -
Yarnold Barbara M.
Publication year - 1994
Publication title -
behavioral sciences and the law
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.649
H-Index - 74
eISSN - 1099-0798
pISSN - 0735-3936
DOI - 10.1002/bsl.2370120308
Subject(s) - state (computer science) , political science , sentencing guidelines , politics , law , criminology , democracy , federal court , psychology , supreme court , computer science , algorithm , sentence , artificial intelligence
This analysis examines dockets of the state courts of Montana for the years 1987‐1989 in rape cases to determine whether sentencing decisions are significantly related to three political variables: the percentage of women in county executive office as a measure of a relevant judicial constituency, the extent to which the county in which a court is located is Democratic, and whether the judge who enters a decision was appointed or elected. The analysis suggests that two legally relevant facts—the crime rate and multiple charges against a defendant—are significantly related to outcome. Political factors do not appear to influence state court sentencing decisions in rape cases since: (1) sentencing decisions in rape cases are not ‘major’, publicized issues; (2) the selection of state court judges (appointed and elected) is nonpartisan; and (3) interest groups were not involved in rape sentencing cases.