Hostname: page-component-7479d7b7d-pfhbr Total loading time: 0 Render date: 2024-07-12T21:20:00.056Z Has data issue: false hasContentIssue false

Sentencing of Convicted Offenders: An Analysis of the Public's View

Published online by Cambridge University Press:  02 July 2024

Abstract

The results of a survey of public attitudes about appropriate length of prison sentences for convicted offenders are reported. Two main questions are addressed: 1) degree of consensus within the population about appropriate sentences for different offenses and 2) the relationship between the desired sentences expressed by the public and the actual time served by offenders in prison. The analysis suggests considerable agreement across various demographic groups on the relative severity of sentences to be imposed for different offenses, but disagreement over the absolute magnitude of these sentences. These results suggest the feasibility of generating consensus on a proportional, just deserts sentencing schedule, but difficulty in establishing the “constant of proportionality.” The sentences desired by the public are found to be consistently more severe than sentences actually imposed, suggesting the need for greater public awareness of current imprisonment practices so that expectations of the determinate sentencing schedules will be realistic and consistent with limited prison capacity.

Type
Research Article
Copyright
Copyright © 1980 The Law and Society Association.

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

AMERICAN FRIENDS SERVICE COMMITTEE (1971) Struggle for Justice. New York: Hill and Wang.Google Scholar
BOYDELL, Craig L., and Carl F., GRINDSTAFF (1974) “Public Opinion Toward Legal Sanctions for Crimes of Violence,” 65 Journal of Criminal Law and Criminology 113.Google Scholar
DERSHOWITZ, Alan (1975) “Let the Punishment Fit the Crime,” New York Times Magazine (December 28) 7.Google Scholar
FILION, F.L. (1975) “Estimating Bias Due to Nonresponse in Mail Surveys,” 39 Public Opinion Quarterly 482.Google Scholar
FOGEL, David (1975) We Are the Living Proof Cincinnati: W.H. Anderson, Co.Google Scholar
FORD, Gerald (1975a) “Remarks of the President at the Yale Sesquicentennial Convocation Dinner,” Yale Law School, April 25, 1975.Google Scholar
FORD, Gerald-(1975b) “President Urges Stiff New Laws on Violent Crime” in New York Times, June 20, 1975, p. 1.Google Scholar
FORD, Gerald (1975c) “A Wan President Later Urges Fight on Crime in Sacramento Talk,” New York Times, September 6, 1975, p. 1.Google Scholar
GIBBONS, Don C. (1969) “Crime and Punishment: A Study in Social Attitudes,” 47 Social Forces, 391.CrossRefGoogle Scholar
GOUDY, Willis J. (1976) “Nonresponse Effects on Relationships Between Variables,” 40 Public Opinion Quarterly 360.Google Scholar
GRINDSTAFF, Carl F. (1974) “Public Attitudes and Court Dispositions: A Comparative Analysis,” 58 Sociology and Social Research 417.Google Scholar
KISH, Leslie (1965) Survey Sampling. New York: John Wiley and Sons. (See especially Chapter 13.).Google Scholar
KIVLIN, Joseph (1965) “Contributions to the Study of Mail-Back Bias,” 30 Rural Sociology 322.Google Scholar
LIPTON, Douglas, Robert, MARTINSON, and Judith, WILKS (1975) The Effectiveness of Correctional Treatment: A Survey of Treatment Evaluation Studies. New York: Praeger.Google Scholar
MAKELA, Klaus (1967) “Public Sense of Justice and Judicial Practice,” 10 Acta Sociologica 42.Google Scholar
MANDELL, Lewis (1974) “When to Weight: Determining Nonresponse Bias in Survey Data,” 38 Public Opinion Quarterly 247.Google Scholar
MARTINSON, Robert (1974) “What Works? Questions and Answers About Prison Reform,” 35 Public Interest (Spring) 22.Google Scholar
MITFORD, Jessica (1973) Kind and Usual Punishment: The Prison Business. New York: Alfred Knopf.Google Scholar
NEW YORK TIMES (1976) “Poll Finds Public is Hazy on Candidates,” June 4, 1976: 12.Google Scholar
ROBISON, James and Gerald, SMITH (1971) “The Effectiveness of Correctional Programs,” 17 Crime and Delinquency 67.Google Scholar
ROSE, Arnold M., and Arthur E., PRELL (1955), “Does the Punishment Fit the Crime? A Study in Social Valuation,” 61 American Journal of Sociology 247.Google Scholar
ROSSI, Peter H., WAITE, Emily, BOSE, Christine E. and Richard E., BERK (1974) “The Seriousness of Crime: Normative Structure and Individual Differences,” 39 American Sociological Review 224.Google Scholar
SCHWIRIAN, Kent P. and Harry R., BLAINE (1966) “Questionnaire-Return Bias in the Study of Blue-Collar Workers,” 30 Public Opinion Quarterly 656.Google Scholar
SELLIN, J. Thorsten and Marvin, WOLFGANG (1964) The Measurement of Delinquency. New York: Wiley.Google Scholar
SUCHMAN, Edward A. (1962) “An Analysis of ‘Bias’ in Survey Research,” 26 Public Opinion Quarterly 102.Google Scholar
THOMAS, Charles W., CAGE, Robin J., and Samuel C., FOSTER (1976) “Public Opinion on Criminal Law and Legal Sanctions: An Examination of Two Conceptual Models,” 67 Journal of Criminal Law and Criminology 110.Google Scholar
TWENTIETH CENTURY FUND TASK FORCE ON CRIMINAL SENTENCING (1976) Fair and Certain Punishment. New York: McGraw Hill.Google Scholar
U.S. DEPARTMENT OF JUSTICE (1976) Survey of Inmates of State Correctional Facilities 1974, National Prison Statistics Special Report No. SD-NPS-SR-2, March 1976. Washington, D.C.: U.S. Government Printing Office.Google Scholar
VAN DEN HAAG, Ernest (1975) Punishing Criminals. New York: Basic Books.Google Scholar
VON HIRSCH, Andrew (1976) Doing Justice: The Choice of Punishments. New York: Hill and Wang.Google Scholar
WILKINS, Leslie T., KRESS, Jack M., GOTTFREDSON, Don M., CALPIN, Joseph C., and Arthur M., GELMAN (1976) Sentencing Guidelines: Structuring Judicial Discretion, Final Report on the Feasibility Study. Albany: Criminal Justice Research Center, Inc.Google Scholar
WILSON, James Q. (1975a) “Lock 'em Up,” New York Times Magazine, March 9, 1975.Google Scholar
WILSON, James Q.-(1975b) Thinking About Crime. New York: Basic Books.Google Scholar