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Defendants previous history and mock sentencing.

D A Wear, R A Pasewark

    Journal of Clinical Psychology
    |May 1, 1984
    PubMed
    Summary
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    Defendants with a mental health history received more restrictive sentences and mandatory treatment. Judicial decisions were influenced by mental health history, but not defendant sex, except in child molestation cases.

    Area of Science:

    • Psychology
    • Criminology
    • Sociology

    Background:

    • Sentencing disparities can arise from various defendant characteristics.
    • The impact of mental health history and defendant sex on judicial decisions requires further investigation.

    Purpose of the Study:

    • To examine how mock judges sentence defendants with varying histories of psychiatric hospitalization or imprisonment.
    • To investigate the influence of defendant sex on sentencing for different crimes.

    Main Methods:

    • Six hundred forty-four undergraduates acted as mock judges.
    • Participants rendered sentencing decisions for hypothetical defendants convicted of various offenses.
    • Defendant profiles included criminal and psychiatric histories.

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    Main Results:

    • Defendants with a history of psychiatric hospitalization were more likely to receive mandatory mental health treatment.
    • Sentences for defendants with mental health histories were generally more restrictive.
    • Defendant sex influenced sentencing only in child molestation cases.

    Conclusions:

    • Mental health history significantly impacts sentencing, leading to more restrictive outcomes and mandatory treatment.
    • Judicial bias related to defendant sex appears limited, except in specific offenses like child molestation.