Social Control, Law, Crime, and Deviance Commons^™

Hate Crime Laws And Sexual Orientation, Elizabeth P. Cramer

The Journal of Sociology & Social Welfare

This article provides definitions for hate crimes, a summary of national data on hate crime incidents, and descriptions of federal and state hate crime laws. The author presents various arguments in support of and against hate crime laws, and the inclusion of sexual orientation in such laws. The author contends that it is illogical and a violation of the Fourteenth Amendment to exclude sexual orientationf rom hate crime laws. The perpetratorso f hate crime incidents, regardess of the target group, have similar motives and perpetrate similar types of assaults; the victims experience similar physical and psychological harm. Excluding a class …

Judicial Decision Making Under Michigan Sentencing Guidelines, Abel E. Ekpunobi

Dissertations

Many states and the federal judiciary have adopted sentencing guidelines as a mechanism of sentencing reform. This study used the bounded rationality model to investigate judicial decision-making under Michigan Sentencing Guidelines, and the effectiveness o f the guidelines in reducing or eliminating sentencing disparities — situations in which legally similar defendants receive dissimilar sentences.

A statistical and comparative analysis of a database sample of felony cases (n = 20,834), sentenced in four different-sized Michigan counties from 1992 through 1997, was examined with logistic and linear regression models. Logistic regression results indicate a significant association (p < .05) between incarceration and some legal and extralegal variables. Legal variables, such as prior felony convictions, sentencing guideline scores, offense type/severity, the defendant’s relationship with the criminal justice system, and extralegal variables, such as the defendant’s race and gender, year and county of sentencing, are important predictors of sentencing outcomes. Linear regression results indicate a significant association (p < .05) between the minimum term of imprisonment and prior felony convictions, sentencing guidelines and offense type/ severity, but not with extralegal variables. These results suggest that judicial decision-making remains a human/“bounded rationality” process.

The findings of this study …