Psychology of Criminal Conduct

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Psychology of Criminal Conduct

 

ABSTRACT

THIS STUDY EXAMINES THE EFFECTS OF DEFENDANT’S AGE AND DEFENDANT’S GENDER ON JURY DECISION MAKING.  A TOTAL OF 240 JURY ELIGIBLE PARTICIPANTS FROM THE COMMUNITY ARE RANDOMLY ASSIGNED TO ONE OF 4 CONDITIONS.  EACH PARTICIPANT IS GIVEN INFORMATION REGARDING A VIOLENT CRIME WHERE THE DEFENDANT HAS BEEN FOUND GUILTY AND ASKED TO INDICATE THE SEVERITY OF PUNISHMENT FOR THE DEFENDANT. THE HYPOTHESES ARE THAT THE AGE AND GENDER OF THE DEFENDANT WILL AFFECT THE SEVERITY OF PUNISHMENT.  IT IS EXPECTED THAT WOMEN ARE LIKELY TO RECEIVE A MORE LENIENT SENTENCE THAN MEN IN THE FIRST INSTANCE BUT ALSO, THAT THE YOUNG MAN WILL RECEIVE THE HARSHEST SENTENCE AND THE OLD WOMAN THE LEAST HARSH.


THE EFFECTS OF GENDER AND AGE ON SEVERITY OF SENTENCE

The prison service in the United Kingdom is heavily over-crowded with young males.  In England and Wales alone there were 69,700 males prisoners in October 2003.  Of this, a shocking 15% were aged just 15 – 20 years old (www.homeoffice.gov.uk). Further, in October 2003, the number of juvenile males in the prison system increased by age – with 221 aged 15 years, 548 aged 16 years and 968 aged 17 years.  Figures from the Home Office show that number of prisoners increase with age until aged 20 years where they begin to level out.

Research into age as an influential factor on sentence severity has been scarce and what little research that has been done, has focused on the age of the juror as a contributing factor.  Hepburn (1980) and Sealy (1981)  both found that the age of jurors strongly correlated with their verdicts and, older jurors were more likely to render a guilty verdict than younger ones.  Sealy (1981), in particular, found that jurors age 25 and under were more likely to render a not guilty verdict than jurors over age 41 and over.  

Further research into age has focused on the age of the juror and the defendant.  Higgins, Heath & Grannemann (2004) conducted a study on mock juror age and defendant age and how they might affect the mock juror’s decisions.  They found that although sentencing was not largely affected by juror age, younger jurors did in fact view the older defendant more favourably.  It was thought that the older juror’s perceived the defendant to be “more responsible for his condition” than the younger jurors.  This research however focussed on many variables however, most notably the type of excuse used by the defence and, therefore, is not wholly supportive of age as a contributing factor.

Bergeron & McKelvie (2004) studied both archival and experimental research and found that younger defendants aged 23 and under received more lenient sentencing than middle-aged defendants aged up to 53 years.  This research was based upon previous studies by Faulkener & Steffensmeier (1979); Smith & Hed (1979); Kebotys  & Roberts (1987) and Zamble & Kalm (1990) whereby, with the exception of Smith & Hed, there was much inconsistency as to whether age was indeed a significant factor in sentencing.  Smith & Hed (1979) found that jurors gave older defendants of age 53 plus more severe sentences that they did younger defendants aged 23 and under.  This research, however, was not replicated by Loeffler & Lawson (2002) who found that older defendants with a high occupational status were considered to have a better future.

Bergeron & McKelvie also found that of defendants convicted of second degree murder, 20 year olds and 60 year olds were sentenced less harshly than 40 year old defendants.

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Other research that is relevant here but not directly linked to age is that of Grifitt & Jackson (1973).  They found that jurors saw defendants with different attitudes to them, for example, regarding racial integration, as guiltier, gave them longer, more severe sentences and generally judged them as less favourable than defendants with similar attitudes.  It is possible that similar attitudes do not necessarily correlate with similar ages between juror and defendant however.  

Research into gender has also proven particularly deficient (Frazier & Hunt, 1998).   Studies exist that assess juror and defendant gender but relatively few have ...

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