AN EMPIRICAL-APPROACH TO THEORETICAL PERSPECTIVES ON SENTENCING IN A YOUNG OFFENDER COURT

Authors
Citation
Sj. Bell, AN EMPIRICAL-APPROACH TO THEORETICAL PERSPECTIVES ON SENTENCING IN A YOUNG OFFENDER COURT, Canadian review of sociology and anthropology, 31(1), 1994, pp. 35-64
Citations number
67
Categorie Soggetti
Sociology,Anthropology
ISSN journal
00084948
Volume
31
Issue
1
Year of publication
1994
Pages
35 - 64
Database
ISI
SICI code
0008-4948(1994)31:1<35:AETTPO>2.0.ZU;2-Z
Abstract
Based on interviews with parents of a sample of young offenders appear ing before a family court, this paper presents a quantitative test of five theoretical perspectives on sentencing. The results indicate that despite legislative change, status offenders are still a reality in C anadian courts and factors associated with court outcomes differ depen ding on whether the offence is of a traditional criminal nature or is a status offence. Contrary to recent research findings, results do not support a liberal/consensus perspective. Legally relevant variables a re not found to affect court outcomes for either type of offence. Resu lts for traditional offenders provide considerable support for a femin ist perspective on court decision-making processes, suggest that socia l class effects on court outcomes may be the opposite to that predicte d by a strictly neo-Marxian perspective, and provide some support for the notion that courts are 'loosely coupled' to other sectors of the j uvenile justice system. Results for status offenders point in the dire ction of a social control explanation for court outcomes.