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“Under the Shelter of My Roof” : The Sentencing of Sexual Assault Defendants in Texas Trial Courts

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Abstract:

ABSTRACT: Sexual assault cases are unique within the trial court systems, and judges and juries are faced with an array of different scenarios to which they are required to make fair, justifiable and consistent decisions. We examine child sexual assault cases of Dallas County 1999-2005 and examine both legal and extralegal factors including case characteristics, institutional characteristics, and characteristics of the defendants and the victims. We examine the impact of the independent variables on sentence length using regression analysis to determine influences on sentencing for judges and juries. We find that neo-institutional models assist with explaining differences between judge and jury sentencing in sexual violence cases after controlling for several key case characteristics. Victim proximity to the defendant in terms of their relationship reveals that biological fathers and other relatives receive lesser sentences. Moreover, gender of both the judge and the victim matter. Defendants who attack male victims receive heavier sentences despite the gender neutral language of the statute, and female judges sentence defendants more harshly than their male counterparts.

Most Common Document Word Stems:

sentenc (237), victim (193), case (158), judg (156), sexual (151), assault (144), defend (105), juri (86), decis (86), law (79), court (79), differ (71), rape (63), spohn (63), may (61), age (60), signific (59), gender (59), relationship (57), male (51), women (47),

Author's Keywords:

Trial Courts, Sexual Assault, Sentencing
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Association:
Name: Midwest Political Science Association
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http://www.indiana.edu/~mpsa/


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MLA Citation:

Greening, Megan. and King, Kimi. "“Under the Shelter of My Roof” : The Sentencing of Sexual Assault Defendants in Texas Trial Courts" Paper presented at the annual meeting of the Midwest Political Science Association, Palmer House Hotel, Chicago, IL, Apr 12, 2007 <Not Available>. 2009-05-24 <http://www.allacademic.com/meta/p196931_index.html>

APA Citation:

Greening, M. A. and King, K. L. , 2007-04-12 "“Under the Shelter of My Roof” : The Sentencing of Sexual Assault Defendants in Texas Trial Courts" Paper presented at the annual meeting of the Midwest Political Science Association, Palmer House Hotel, Chicago, IL Online <PDF>. 2009-05-24 from http://www.allacademic.com/meta/p196931_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: ABSTRACT: Sexual assault cases are unique within the trial court systems, and judges and juries are faced with an array of different scenarios to which they are required to make fair, justifiable and consistent decisions. We examine child sexual assault cases of Dallas County 1999-2005 and examine both legal and extralegal factors including case characteristics, institutional characteristics, and characteristics of the defendants and the victims. We examine the impact of the independent variables on sentence length using regression analysis to determine influences on sentencing for judges and juries. We find that neo-institutional models assist with explaining differences between judge and jury sentencing in sexual violence cases after controlling for several key case characteristics. Victim proximity to the defendant in terms of their relationship reveals that biological fathers and other relatives receive lesser sentences. Moreover, gender of both the judge and the victim matter. Defendants who attack male victims receive heavier sentences despite the gender neutral language of the statute, and female judges sentence defendants more harshly than their male counterparts.

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Associated Document Available Midwest Political Science Association
Associated Document Available Political Research Online

Document Type: PDF
Page count: 44
Word count: 15689
Text sample:
“Under the Shelter of My Roof”1: The Sentencing of Sexual Assault Defendants in Texas Trial Courts Megan Greening magreening@yahoo.com & Dr. Kimi Lynn King kking@unt.edu Department of Political Science* University of North Texas P.O. Box 305340 Denton TX 75203-5340 ABSTRACT: Sexual assault cases are unique within the trial court systems and judges and juries are faced with an array of different scenarios to which they are required to make fair justifiable and consistent decisions. We examine child sexual assault
Non-Negotiated Plea -2.04 5.158 0.692 29.97 12.879 0.022** African American Judge -6.44 5.474 0.342 ---- ---- ---- Defendant Race -11.00 5.474 0.046† 7.05 6.265 0.263 Constant 59.01 11.075 0.000** 27.05 12.947 0.039** * N= 169 127 r-squared 0.4489 0.3093 * p<0.10 ** p <0.05 *** p<0.01 43 44


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