Victim Participation: Does it Impact Sentencing Departures?

Abstract

Prior analyses of sentencing practices find that victim characteristics affect sentencing decisions. Yet, the impact of victim participation on sentencing departures has largely been ignored in research on victim involvement in the punishment process. The present study examines this important, although rarely empirically tested, aspect of sentencing. Using data from the Maryland State Commission on Criminal Sentencing Policy, this study examines the impact of multiple forms of victim participation on sentencing departures in the context of both person and property offenses. Given that victim characteristics are known to influence sentencing, the study also investigates whether victim vulnerability moderates the relationship between victim participation and departure decisions. Findings support that victim participation influences sentencing decisions for both offense types, demonstrating that sentences are more severe, on average, when victim participation significantly affects departures. Findings for the interaction between victim participation and vulnerability, however, are less clear, which raises questions about whether certain victims’ participation influences decision-making differently.