Measuring the Seriousness of a Crime: A Theoretical Approach

• In Event: Mitigation in Capital Cases

Abstract

Why is one crime more serious than another? Perhaps surprisingly, the field of criminology has not had a satisfactory answer. Donald Black’s (2011) new and innovative theory of moral time argues that the seriousness of a crime can be objectively measured: the greater the movement of social time the more serious the crime (social time is comprised of vertical time, relational time, and cultural time). To test Black’s theoretical proposition, we draw on David Baldus and colleagues’ landmark study of capital punishment in Georgia. The findings provide strong support for Black’s prediction: as the movement of social time increases, so too does the probability of the defendant being sentenced to death. We consider how an objective measure of crime seriousness could be used to advance the field.

Authors

• Scott Phillips, University of Denver

• Mark Cooney, University of Georgia