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Transgression Wrongfulness Outweighs its Harmfulness as a Determinant of Sentence Severity

Transgression Wrongfulness Outweighs its Harmfulness as a Determinant of Sentence Severity When students suggest sentences for criminal offenders, do they rely more heavily on the harmfulness or on the wrongfulness of the offender’s conduct? In Study 1, 116 Princeton University undergraduates rated the harmfulness and wrongfulness of, and suggested appropriate sentences for, a series of crimes. As expected, participants emphasized wrongfulness when choosing an appropriate criminal punishment. In Study 2, 33 Princeton undergraduates made similar ratings for violations of the University Honor Code, and rated their contempt for fabricated amendments to the Code that required sentencers to focus either only on harmfulness or only on wrongfulness. Again, sentences more closely reflected wrongfulness ratings, and participants were more contemptuous of the harmfulness-based proposal. We also consider the theoretical and practical implications of these findings for sentencing laws and policy. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Law and Human Behavior American Psychological Association

Transgression Wrongfulness Outweighs its Harmfulness as a Determinant of Sentence Severity

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References (27)

Publisher
American Psychological Association
Copyright
Copyright © 2007 American Psychological Association
ISSN
0147-7307
eISSN
1573-661X
DOI
10.1007/s10979-006-9060-x
pmid
17268827
Publisher site
See Article on Publisher Site

Abstract

When students suggest sentences for criminal offenders, do they rely more heavily on the harmfulness or on the wrongfulness of the offender’s conduct? In Study 1, 116 Princeton University undergraduates rated the harmfulness and wrongfulness of, and suggested appropriate sentences for, a series of crimes. As expected, participants emphasized wrongfulness when choosing an appropriate criminal punishment. In Study 2, 33 Princeton undergraduates made similar ratings for violations of the University Honor Code, and rated their contempt for fabricated amendments to the Code that required sentencers to focus either only on harmfulness or only on wrongfulness. Again, sentences more closely reflected wrongfulness ratings, and participants were more contemptuous of the harmfulness-based proposal. We also consider the theoretical and practical implications of these findings for sentencing laws and policy.

Journal

Law and Human Behavior – American Psychological Association

Published: Aug 1, 2007

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