Effects of Offenders' Age and Health on Sentencing Decisions

ABSTRACT

Two experiments investigated the effects of age and health on mock judges' sentencing decisions. The effects of these variables on length of prison sentence were examined in the context of offense severity and prior convictions. Experiment 1 involved a violent crime. Main effects were observed for age, health, offense severity and prior convictions. There was also an age by offense severity interaction. Experiment 2 involved a child sexual abuse case. Main effects were observed for health, offense severity, and prior convictions. In addition, an age by offense severity by prior convictions interaction effect was found. Thus, across both experiments, the age leniency effect was moderated by legal factors, suggesting that extra-legal factors affect sentencing in the context of legal factors. Further, for both offenses, offenders in poor health received shorter sentences than offenders in good health, suggesting that health deserves further research attention as an extra-legal variable.     

影响被告人供述的因素及其对策的研究

以１９５名执法人员和１８５名服刑犯人为被试,采用问卷法研究了影响被告人供述的因素以及相应的对策建议。结果表明：（１）有１０种因素被认为对被告人未能形成供述动机有影响作用,有９种因素被认为对被告人形成如实供述动机有影响作用,其中,执法人员所认为的影响作用基本上都比服刑犯人所认为的要大,同时,双方具有各自的倾向性;（２）有１５种因素被认为对愿意供述的被告人未能如实供述可能存在影响作用,其中６种因素确实有一定的影响;（３）有９种对策被普遍认为对解决被告人不愿供述问题有效,有１０种对策被认为对解决愿意供述的被告人未能如实供述的问题有效,同时,执法人员和服刑犯人在关于对策有效性的评价上具有互补性。     

Interactive Effects of Characteristics of Defendant and Mock Juror on U.S. Participants' Judgment and Sentencing Recommendations

Abstract

The authors examined the effects of interactions (a) between defendant attractiveness and juror gender and (b) between defendant race and juror race on judgment and sentencing among 207 Black, Hispanic, and White participants in the United States. After reading a vehicular-homicide vignette in which the defendant's attractiveness and race varied, the participants rated guilt and recommended sentences. The women treated the unattractive female defendant more harshly than they treated the attractive female defendant; the men showed an opposite tendency. The Black participants showed greater leniency when the defendant was described as Black rather than White. The Hispanic participants showed an opposite trend, and the White participants showed no race-based leniency. The findings on racial effects were consistent (a) with in-group favorability bias among the Black participants and (b) with attribution effects unrelated to race among the White participants.     

被告的负面名人形象对公众的量刑预期的影响

法庭中被告的负面名人形象会对公众的量刑预期产生影响。研究者以一个负面形象的名人和普通人共同犯罪的案件为例,在审判前调查了192位公众对被告量刑结果的预期。结果显示,被告的名人身份对公众的量刑预期产生了负面影响,名人身份主效应显著。在主犯情景下,名人比普通人得到更高的量刑预期。在从犯情景下,名人与普通人的量刑预期无显著差异。在共同犯罪中,负面的名人形象对公众的量刑预期产生的影响发生在主犯情景下。