Attitudes on Sentence Severity: Focal Concerns and Outcome Bias

• In Event: Youth and Student Views of Justice

Abstract

The three components of the focal concerns perspective on sentencing of blameworthiness, dangerousness, and organizational constraints are well documented in the literature (Steffensmeier et al., 1998). However, these factors are typically not directly measured in sentencing studies – instead, an interaction of race, gender, and age is used as the primary independent variable finding more severe sentences for young black men interpreted in light of these focal concerns. The current study endeavors to measure these attributions directly in a study of decision-making on sentence severity attitudes with an undergraduate student sample. Undergraduate students completed a survey in which they were presented with a drunk driving scenario that involved a hypothetical individual, James. The driver’s blood alcohol content and the outcome of the decision to drive home were randomized across respondents. Items representing the domains of focal concerns theory were measured along with how severely James should be sanctioned. Analyses were directed at determining the extent to which the outcome of the decision and focal concerns dictated opinions on sentence severity for James in the hypothetical scenario. Preliminary findings suggest the outcome is impactful on sentence severity for marginal cases on legal culpability. Further implications for theory are discussed.

Authors

• Matthew Kijowski, University at Albany, SUNY

• Theodore Wilson, University at Albany, SUNY

• Chae Mamayek Jaynes, University of South Florida