List and discuss each of the extralegal factors that influence sentencing. Are these factors legal considerations judges can use in making their sentencing decision?

Question

What will be an ideal response?

Answer 1

The extralegal factors that have the potential to influence judges' sentencing decisions are social class, education, age, race, gender, and victim characteristics. In terms of social class, the lower class may expect to get longer prison sentences than the most affluent defendants. There is not a proven consistent relationship between social class and sentence length, but affluent defendants are more likely to receive lenient sentences. Education seems to have a bearing on whether a prison sentence will be imposed, but not the length of a prison sentence. Women tend to receive more favorable outcomes. They are more likely to receive preferential treatment from a judge; they have been granted more lenient pretrial release conditions and lower bail amounts than men. One theory behind this is the chivalry hypothesis, which suggests paternalistic men in the criminal justice system treat women beneficially. Age is another factor. Older defendants have more time to accumulate past histories of offenses and so could receive longer sentences, but judges might also be more lenient with older defendants because they could perceive the elderly pose little risk to society. In terms of race, minority offenders seem to receive longer sentences than whites and are more likely to receive harsher punishments if their victim is white. Finally, victim characteristics can influence sentencing. If a victim is seen to have "negative" characteristics, such as a prostitute, the sentence might be lessened.