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| NCJ Number:
|
NCJ 058695
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| Title:
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DIVERGENT PERCEPTIONS OF EQUITY - EFFECT OF DEFENDANT'S INJURY ON SENTENCING
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| Author(s):
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E D TANKE
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| Sale:
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National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States |
| Publication Date:
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1978 |
| Pages:
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15 |
| Type:
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Studies/research reports |
| Origin:
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United States |
| Language:
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English |
| Note:
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PAPER PRESENTED AT THE AMERICAN PSYCHOLOGICAL ASSOCIATION 86TH ANNUAL MEETING, TORONTO, CANADA, AUGUST 1978 |
| Annotation:
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THREE EXPERIMENTAL STUDIES, WHICH FOUND THAT SUBJECTS ASSIGNED MORE SEVERE SENTENCES TO DEFENDANTS WHO HAD SUFFERED PHYSICAL INJURY IN THE COURSE OF COMMITTING THEIR CRIMES, ARE REPORTED. |
| Abstract:
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UNEXPECTEDLY, TWO PRELIMINARY STUDIES FOUND THAT SUBJECTS (COLLEGE STUDENTS), IN A SIMULATED JURY SETTING, ASSIGNED MORE SEVERE PENALTIES TO DEFENDANTS WHO WERE INJURED WHILE COMMITTING THEIR OFFENSES THAN TO DEFENDANTS WHO WERE NOT. THE MOST SEVERE PENALTIES WERE ASSIGNED TO THE MOST SERIOUSLY INJURED DEFENDANTS. IT IS POSSIBLE THAT THE SUBJECTS WERE OVERCOMPENSATING BY TRYING NOT TO LET THE DEFENDANTS'S INJURY AFFECT THEIR DECISION. A SECOND POSSIBILITY IS THAT THE SUBJECTS WERE DEMONSTRATING THEIR 'BELIEF IN A JUST WORLD,' VIEWING THE INJURED DEFENDANT'S SUFFERING AS EVIDENCE OF HIS GREATER RESPONSIBILITY FOR HIS ACTS AND AS REASON TO JUDGE HIS PERSONAL CHARACTERISTICS MORE HARSHLY. THESE POSSIBILITIES WERE EXPLORED IN A THIRD STUDY, WHICH IS THE FOCUS OF THIS REPORT. STUDY PARTICIPANTS, AGAIN COLLEGE STUDENTS IN A SIMULATED JURY SETTING, ONCE AGAIN ASSIGNED MORE SEVERE SENTENCES TO INJURED DEFENDANTS. HOWEVER, IN CASES INVOLVING AN INJURED DEFENDANT AND AN UNINJURED ACCOMPLICE, SUBJECTS DID NOT ASSIGN MORE SEVERE SENTENCES TO THE INJURED DEFENDANT. APPARENTLY THE DESIRE TO PRESERVE EQUITY BETWEEN THE TWO PERSONS RESPONSIBLE FOR THE CRIME TOOK PRECEDENCE OVER THE NOTION THAT ONE FORM OF SUFFERING SUBSTITUTES FOR ANOTHER. NO EVIDENCE (ANALYSIS OF VARIANCE, ANSWERS TO OPEN-ENDED QUESTIONS ABOUT REASONS FOR ASSIGNED SENTENCES, RESPONSES TO A 'BELIEF IN A JUST WORLD' QUESTIONNAIRE AND A LEGAL ATTITUDES QUESTIONNAIRE) WAS FOUND THAT THE SUBJECTS' TREATMENT OF INJURED DEFENDANTS WAS RELATED TO THEIR BELIEF IN A JUST WORLD. THERE WAS SOME INDICATION THAT OVERCOMPENSATION MAY BE AN EXPLANATION, ALTHOUGH FURTHER RESEARCH IS REQUIRED BEFORE CONCLUSIONS CAN BE MADE. TWO TABLES AND A LIST OF REFERENCES ARE INCLUDED. (LKM) |
| Index Term(s):
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Sentencing ; Individual behavior ; Studies/ ; Jury decisionmaking |
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To cite this abstract, use the following link:
http://www.ncjrs.gov/App/Publications/abstract.aspx?ID=58695
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