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Discretion Without Choice: Sexual Offender Legislation and Judicial Discretion

Varhola, Jonathan C.
http://rave.ohiolink.edu/etdc/view?acc_num=wright1316445656

Abstract Details

2011, Master of Arts (MA), Wright State University, Applied Behavioral Science: Criminal Justice and Social Problems.
In a historically recent development, sex offenders have arguably become a focal point of attention in discourses surrounding sexuality, childhood, and crime. Much research has been accomplished regarding the treatment and recidivism of such offenders, as well as consequences of sex offender legislation and policy initiatives. However, little research has been done regarding specifically the discretion of criminal justice agency professionals involved in the day-to-day handling of these types of cases. This study focused on the effects of such policies on judicial discretion, as measured by sentencing outcomes. Data was collected from publicly available internet sexual offender registries and county court records in two adjoining Ohio counties. A multiple linear regression analysis was used to create a model that predicts 46% of the variance in correctional sentencing outcome. Results indicate that judicial discretion appears to exist, yet is informed heavily by the presence of a rape charge, chronological age gaps between offenders and victims, and whether a case ends in a trial or a plea agreement. This study concludes that the effect of sexual offender legislation and policy on judicial discretion is one of sufficient limitation.
David Orenstein, PhD (Committee Chair)
Karen Lahm, PhD (Committee Member)
Chigon Kim, PhD (Committee Member)
100 p.
Sociology
sex; sexual offense; offender; judicial; judge discretion ohio

Recommended Citations

Citations

  • Varhola, J. C. (2011). Discretion Without Choice: Sexual Offender Legislation and Judicial Discretion [Master's thesis, Wright State University]. OhioLINK Electronic Theses and Dissertations Center. http://rave.ohiolink.edu/etdc/view?acc_num=wright1316445656

    APA Style (7th edition)

  • Varhola, Jonathan. Discretion Without Choice: Sexual Offender Legislation and Judicial Discretion. 2011. Wright State University, Master's thesis. OhioLINK Electronic Theses and Dissertations Center, http://rave.ohiolink.edu/etdc/view?acc_num=wright1316445656.

    MLA Style (8th edition)

  • Varhola, Jonathan. "Discretion Without Choice: Sexual Offender Legislation and Judicial Discretion." Master's thesis, Wright State University, 2011. http://rave.ohiolink.edu/etdc/view?acc_num=wright1316445656

    Chicago Manual of Style (17th edition)

wright1316445656
811
© 2011, all rights reserved.
This open access ETD is published by Wright State University and OhioLINK.