Date of Award

2008

Document Type

Dissertation

Degree Name

Doctor of Philosophy (PhD)

Department

Psychology

Abstract

Archival research demonstrates that older offenders are treated more leniently in the criminal system by judges. More specifically, older offenders are less likely to be incarcerated, and when they are incarcerated, they receive shorter sentences. However, to date, no research has directly examined why such leniency occurs. A total of 1,005 surveys were sent to state trial court judges across the United States. Two hundred twelve surveys were returned. The surveys contained two questionnaires, the Judicial Attitudes Survey (JAS) and the Aging Opinion survey (AOS). The JAS was created specifically for this study, and it assesses the types of information judges consider when making sentencing decisions about older offenders. Exploratory factor analyses were performed on the JAS, and three factors (Age-specific, General Extralegal, and Legal) were identified from judges' ratings. The Legal factor received the highest ratings by judges, which is consistent with past research. The Age-specific factor received the lowest ratings. The majority of participants denied being lenient with older offenders when making sentencing decisions. In regard to gender differences, female judges provided higher rankings on the Legal factor than male judges. Age of judge was found to be unrelated to the ratings given to the factors. However, age of judge was related to the types of attitudes held about the elderly population in general and judges' anxiety regarding the aging process. Additionally, judicial attitudes toward the elderly and their own aging predicted ratings on the Age-specific and General Extralegal factor. This study provides insight into the types of legal and extralegal factors judges consider when making sentencing decisions with older offenders. In addition, the impact of gender of judge on sentencing decisions is discussed in light of previous research in the field.

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