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DIFFERENTIAL SENTENCING OF PANAMANIANS AND AMERICANS WITHIN THE PANAMA CANAL ZONE AS VIEWED FROM A CONFLICT-CRITICAL PERSPECTIVE OF CRIMINOLOGICAL THEORY

The major objective of this study was to attempt to empirically test and validate a portion of conflict-critical theory using the Panama Canal society as a base for this research. According to conflict-critical theory, the law may be used as an instrument to maintain the status quo of a society by the vested-interest group for their own self-serving interests. More specifically, two propositions of Chambliss and Seidman's conflict-critical theory state that: the lower one's social class, the more likely laws against his illegal behavior will be enforced and the more likely the sanctions will be severe (1971: 475). / The Panama Canal society provided a unique population to test Chambliss and Seidman's proposition due to the existing division between the upper and lower social classes based on ethnic nationality of the offender population. / All ethnic nationality groups who were convicted of committing a crime and subsequently sentenced within the U.S. Federal Court operating in the Panama Canal Zone between 1963 and 1979 were compared on punitive enforcement (type and degree of punishment) after being matched on prior criminal history and present offense. Type of punishment referred to the actual case disposition which varied from fine, probation, to incarceration. Degree of punishment referred to the actual severity of sentence (amount of fine or length of sentence) within the five possible sentencing categories of fine, probation, incarceration, parole, and incarceration with parole. Chi square analysis was then utilized to determine the relationship between ethnic nationality and sentencing. / The statistical findings in regard to punitive enforcement and severity of punishment based on ethnic nationality were found to be significant. It was learned that the lower social class offender (Panamanian) in the Panama Canal Zone did experience more punitive enforcement (type of punishment) than did the upper social class offender (Zonian, American, or both), and thus experienced differential sentencing. This finding did appear to support Chambliss and Seidman's proposition. However, severity of sanction (degree of punishment) based on ethnic nationality was found to be significant but it was the upper social class offender (American and Zonian) who experienced severity of sanction and thus differential sentencing. This finding did not appear to support Chambliss and Seidman's proposition. / The ultimate finding of this study was that punitive enforcement is correlated with ethnic nationality factors in the population studied. As predicted by conflict-critical theory, it apeared that the law--and judges within the U.S. Federal judicial system who applied the law--were used as an instrument of the vested-interest group to maintain the status quo of the dominant society for their own self-serving interest during the sixteen-year period studied. This finding, therefore, appeared to support the position taken by conflict-critical theorists, that the lower one's social class, the more likely he is to experience negative enforcement sanctions for his behavior. / Source: Dissertation Abstracts International, Volume: 42-03, Section: A, page: 1328. / Thesis (Ph.D.)--The Florida State University, 1981.

Identiferoai:union.ndltd.org:fsu.edu/oai:fsu.digital.flvc.org:fsu_74425
ContributorsSEAL, LOIS HOOPES., Florida State University
Source SetsFlorida State University
Detected LanguageEnglish
TypeText
Format308 p.
RightsOn campus use only.
RelationDissertation Abstracts International

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