The Effects of Legal and Extra‐legal Factors on Sentencing among Korean Marijuana Offenders
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Unlike active researches on marijuana offense in the U.S., there is no research that have developed characteristics of marijuana offenders or examined the predictive factors on sentencing decision. The purpose of this study is to draw the general characteristics of marijuana offenders and to investigate significant factors on sentencing outcomes in Korea. The present study empirically tested the effect of legal factor such as crime severity and prior criminal history and extra-legal factors such as the criminal social context, possibility of the community integration and demographic factors on the decision. Using the 987 official records of marijuana offenders disposed by ten district public prosecutors’ offices in six large cities from 1997 to 2001,we examined the effect of legal and extra-legal factors on marijuana sentencing throughout the OLS regression. The results is showing that legal variables have more powerful impact on the marijuana sentence than extra-legal variables. However, an attitude in the courtroom and social class showed the significant effect on the decision as extra-legal variables. The reason of the strong power of extra-legal variables could be found in the zero tolerance policy for drug related offenses in Korea. Additional implications for research and policy are discussed.
Abstract
Unlike active researches on marijuana offense in the U.S., there is no research that have developed characteristics of marijuana offenders or examined the predictive factors on sentencing decision. The purpose of this study is to draw the general characteristics of marijuana offenders and to investigate significant factors on sentencing outcomes in Korea. The present study empirically tested the effect of legal factor such as crime severity and prior criminal history and extra-legal factors such as the criminal social context, possibility of the community integration and demographic factors on the decision. Using the 987 official records of marijuana offenders disposed by ten district public prosecutors’ offices in six large cities from 1997 to 2001,we examined the effect of legal and extra-legal factors on marijuana sentencing throughout the OLS regression. The results is showing that legal variables have more powerful impact on the marijuana sentence than extra-legal variables. However, an attitude in the courtroom and social class showed the significant effect on the decision as extra-legal variables. The reason of the strong power of extra-legal variables could be found in the zero tolerance policy for drug related offenses in Korea. Additional implications for research and policy are discussed.
참고문헌 (45)
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