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SOCIAL BACKGROUND AND THE SENTENCING BEHAVIOR OF JUDGES *
Author(s) -
MYERS MARTHA A.
Publication year - 1988
Publication title -
criminology
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 3.467
H-Index - 139
eISSN - 1745-9125
pISSN - 0011-1384
DOI - 10.1111/j.1745-9125.1988.tb00858.x
Subject(s) - punitive damages , disadvantaged , psychology , criminology , social psychology , paternalism , law , political science
This paper explores the extent to which the social background of judges affects their sentencing behavior. An analysis of data on felons convicted in Georgia suggests that background has little direct bearing on sentencing outcomes. Instead, it conditions the weight judges attach to legally relevant and social background factors. Expectations about the role of the judge's age, religion, prior prosecutorial experience, and local background received mixed support. Older judges were selectively more punitive than their younger colleagues, but they did not direct this punitiveness toward disadvantaged offenders. Nor was there evidence that male judges were paternalistic toward female offenders. Baptist and Fundamentalist judges also sentenced more punitively, but they were not more likely than other judges to discriminate against black or disadvantaged offenders. Rather, they appeared to hold white and older offenders to a higher standard of behavior. Former prosecutors were selectively punitive and applied the law more uniformly than nonprosecutors. Local judges appeared to be more responsive to public demands for incarceration and sentenced more particularistically. These results illustrate the importance of considering judicial background in conjunction with case attributes, and they underscore the need for research that increases our understanding of judicial background as a conditioner of differential treatment during sentencing.