Older men and older women in the arms of criminal law: offending patterns and sentencing outcomes.

OBJECTIVES

This study examines whether older defendants receive more lenient sentences compared with their younger counterparts and whether the effects of aging on sentencing outcomes manifests itself similarly across male and female offenders.

METHODS

Using statewide data from Pennsylvania for 1990-94, logit models were used to assess the effects of aging on the in/out or incarcerative decision, and, ordinary least squares models were used to assess the effects on the length-of-term decision.

RESULTS

Results show that older offenders of both genders were sentenced less harshly-they are less likely to be imprisoned than their younger counterparts and, if imprisoned, elderly defendants receive shorter prison terms. However, the elderly advantage was diminished in the case of drug offending, and the within-gender elderly advantage was found to be greater for males than for women.

DISCUSSION

While these age differences in sentence outcomes appear to thwart norms of judicial impartiality, they also might reflect legitimate sentencing concerns of judges (in areas such as crime propensity, blameworthiness, and even the extra costs needed tojail older defendants). Therefore, an overall pattern of less severe punishment of older defendants (and/or female defendants) may still be warranted.