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Extra-legal factors influence sentencing decisions

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The research is pretty clear: Extra-legal factors influence sentencing decisions. Some extra-legal factors are used unjustly, such as race. That is, Black defendants should not be sentenced harsher than White defendants, but there is a great deal of evidence which shows that are differences based on race. Still there are many other extra-legal factors that might be important - for example, alcohol and drug usage or education level. According to Spohn and Beichner, family status is also an extra-legal factor that can influence court decisions. Why do family responsibilities affect case outcomes for women but not men? Is this a "justifiable" use of a extra-legal factor? Why or why not? What other extra-legal factors might be important to consider?

Reference no: EM131706752

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