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Abstract

Criminal sentencing is such a fundamental power of government that variations in its use can be linked to political culture. Using Daniel Elazar's typology of American political culture, three-hundred counties in 49 states were classified in terms of the prevailing political culture. This data was matched with sentencing data gathered by the Bureau of Justice Statistics. In the bivariate analysis traditionalistic political cultures administered harsher sentences; as for rates of incarceration, particularly in jails, moralistic political cultures incarcerated a higher percentage of individuals. In the multivariate model, many attributes closely related to political culture, such as conservatism, income distribution, and the over all crime rate, help to explain sentencing variations. However, political culture was significant only for larceny, and the results paralleled the bivariate analysis. This article concludes with a discussion of the advan tages and disadvantages of using political culture to study sentencing and the relevance of political culture to criminal justice policy.

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References

Bedau, Hugo. (1982). The Death Penalty in America, 3rd ed. New York: Oxford University Press.

Bowers, Jr. David A. and Jerold Waltman. (1992). "Do More Conservative States Impose HarsherFelony Sentences?: An Exploratory Analysis of 32 States." Criminal Justice Review. 18:61-70.

Broach, Glen T. , Phillip D. Jackson , and Victor Ascolillo (1978). "State Political Culture and Sentence Severity in Federal District Courts." Criminology 16:373-381.

Bureau of Justice Statistics. (1988). Jail Census. Washington: U.S. Government Printing Office.

Cook, Beverly Blair (1979). "Sentencing Problems and Internal Court Reform ." In The Study of Criminal Courts: Political Perspectives , ed. Peter F. Nardulli. Cambridge, Mass: Ballinger.

Cox, George ( 1984). "Values, Culture, and Prison Policy." Prison Journal 64:5-15.

Eisenstein, James , Roy B. Flemming , and Peter F. Nardulli (1988). The Contours of Justice: Communities and Their Courts. Boston: Little, Brown, and Company.

Elazar, Daniel J (1970). Cities of the Prairie. New York: Basic Books.

Elazar, Daniel J (1972). American Federalism: A View from the States. New York:Thomas Y. Crowell Company.

10.

Gibson, James L (1980). "Environmental Constraints on the Behavior of Judges: A Representational Model of Judicial Decision Making." Law and Society Review 14:343-370.

11.

Gramsick, Harold , Elizabeth Davenport , Mitchell Chamlin , and Robert J. Bursik . ( 1992). "Protestant Fundamentalism and the Retribution Doctrine of Punishment." Criminology 30:21-45.

12.

Gray, Virginia and Herbert Jacob (1996). Politics in the American States: A Comparative Analysis. Washington, D.C.: CQ Press .

13.

Greenwood, Peter W (1995). "Juvenile Crime and Juvenile Justice." In Crime, ed. by James Q. Wilson and Joan Petersilia. San Francisco : Institute for Contemporary Studies.

14.

Hanson, Russell L. (1989). "The Role of Political Culture in Quasi Causal Explanations of American State Politics." Presented at the Annual meeting of the American Political Science Association, Atlanta

15.

Johnson, Charles A. ( 1976). Political Culture in American States: Elazar' Formulation Examined." American Journal of Political Science 20:3 491-509

16.

Kincaid, John (1982). "Political Culture and the Quality of Urban Life " In Political Culture, Public Policy and the American States . ed. John Kincaid. Philadelphia: Institute for the Study of Human Issues .

17.

Kritzer, Herbert (1979). "Political Culture, Trial Courts, and Criminal Cases." In The Study of Criminal Courts :Political Perspectives , ed. Peter F. Nardulli. Cambridge, Mass: Ballinger.

18.

Kuklinski, James and John E. Stanga (1979). "Political Participation and Government Responsiveness: The Behavior of California Superior Courts." American Political Science Review 73: 1091-1099.

19.

Levin, Martin (1977). Urban Politics and the Criminal Courts. Chicago: University of Chicago Press.

20.

Lowi, Theodore J. (1979). The End of Liberalism: The Second Republic of the United States. New York: W.W. Norton & Company. Second Edition.

21.

Maguire, Kathleen and Timothy J. Flanagan. eds. (1991). Sourcebook of Criminal Justice Statistics-1990. Washington, D.C.: U.S. Government Printing Office.

22.

Myers, Martha and Suzette Talarico (1987). The Social Context of Criminal Sentencing. New York: Springer-Verlag .

23.

Nice, David (1983). "Representation in the States: Policy making and Ideology." Social Science Quarterly 64:404-11.

24.

Nice, David (1992). "The States and the Death Penalty." The Western Political Quarterly 45:1037-1048.

25.

Pruet, George W. and Henry R. Glick (1986). "Social Environment, Public Opinion, and Judicial Policy making: A Search for Judicial Representation". American Politics Quarterly 14:5-33.

26.

Sharkansky, Ira (1969). "The Utility of Elazar's Political Culture: A Research Note." Polity 2:66-83

27.

Skogan, Wesley (1990). "Crime and Punishment." In Politics in the American States. Glenview, Ill: Scott, Foresman, and Co.

28.

Wayne, Stephen J (1992). The Road to the White House 1992: The Politics of Presidential Elections. New York: St. Martin's Press.

29.

Worden, Alissa Pollitz (1993). Counsel for the Poor: An Evaluation of Contracting for Indigent Criminal Defense". Justice Quarterly. 10: 613-638.

Political Culture and Felony Sentencing: An Examination of Trial Courts in 300 Counties

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