Significance of legal and extra legal variables in predicting sentencing outcomes under Oklahoma's community sentencing act

Abstract

Scope and Method of Study: This study applies focal concern theory to identify factors important to the sentencing decision making of offenders eligible for sentencing under Oklahoma's Community Sentencing Act. Legal and extra legal factors associated with sentencing decisions under other sentencing structures are applied to the Oklahoma data using two logistic regression models.

Findings and Conclusions: The general tenets of focal concern theory are supported by the analysis; however, outcomes for community sentenced offenders show less consistent patterns. In addition to distinctions related to offense, court location, and gender are found to be significant predictors of sentence outcome. The relevance of factors associated with community protection speaks to the distinct philosophy associated with sentencing that allows the offender to remain in the community.