Citation

Yarnold BM. Behav. Sci. Law 1994; 12(3): 299-312.

Copyright

(Copyright © 1994, John Wiley and Sons)

DOI

10.1002/bsl.2370120308

PMID

unavailable

Abstract

This analysis examines dockets of the state courts of Montana for the years 1987-1989 in rape cases to determine whether sentencing decisions are significantly related to three political variables: the percentage of women in county executive office as a measure of a relevant judicial constituency, the extent to which the county in which a court is located is Democratic, and whether the judge who enters a decision was appointed or elected. The analysis suggests that two legally relevant facts--the crime rate and multiple charges against a defendant--are significantly related to outcome. Political factors do not appear to influence state court sentencing decisions in rape cases since: (1) sentencing decisions in rape cases are not 'major', publicized issues; (2) the selection of state court judges (appointed and elected) is nonpartisan; and (3) interest groups were not involved in rape sentencing cases.

Language: en