AN INVESTIGATION OF FACTORS INFLUENCING PUBLIC-OPINION OF PROPERTY BIAS IN CANADIAN CRIMINAL CODE MAXIMUM SENTENCES

The Criminal Code of Canada (Code) provides many statutory maximum sen tences (maxima) that are more severe for property offenses than for of fenses against people. Past research has shown that, at least in the a bstract, people consider offenses against the person as more serious a nd deserving of more severe sentences than property offenses. The pres ent research investigated whether these results would be replicated wh en peoples' preferences were assessed under specific conditions. Parti cipants (N = 181) read Code definitions and crime vignettes for 6 offe nses that were varied according to locus (infernal versus external) an d stability (stable versus unstable) of the cause of the offender's be havior and amount of harm to the victim (severe versus mild). Results demonstrated that offenses against people were considered more serious and deserving of more severe scenario sentences and maxima than prope rty or white-collar offenses. Internal, stable, and severe harm condit ions resulted in higher sentences seriousness ratings, and, somewhat l ess consistently maxima. Under no combination of conditions were prefe rred maxima greater for property or white-collar offenses than for off enses against people. Participants tended to underestimate property of fense maxima and overestimate maxima for offenses against people. It i s concluded that while the preferred length of maxima may change under different experimental conditions the relationship between person and property offense preferred maxima does not.