Older Criminals Serve Less Time Except In Drug Cases

May 19, 2000

University Park, Pa. -- Criminal offenders age 60 and over are less likely to be imprisoned than their younger counterparts and, if imprisoned, serve less time, except for drug-related charges, according to a Penn State study.

"The sentencing disparity between younger and older defendants is much less, however, if the offense is drug-related," says Dr. Darrell J. Steffensmeier, professor of sociology. "With older offenders, judges seem to attach a far greater stigma to drug peddling than most other offenses."

Steffensmeier and Mark A. Motivans, graduate student in crime, law and justice, are co-authors of the paper, "Older Men and Older Women in the Arms of Criminal Law: Offending Patterns and Sentencing Outcomes," which appeared recently in the Journal Of Gerontology.

Their data came from the Pennsylvania Commission on Sentencing database for the years 1990-94, during which time 250,000 adult offenders ages 21 and older were sentenced. Of these, 8,000 were aged 50 and over.

"In our sample, older defendants only comprise about 3 percent of all convicted offenders," Steffensmeier notes. "Moreover, closer inspection reveals even smaller percentages for violent, serious property and drug offenses. Their percentages are slightly larger for minor property crimes such as shoplifting and check fraud and public order offenses such as misdemeanor sexual assault (e.g. indecent exposure)."

Statistics from the Commission on Sentencing confirmed earlier studies that punishment for criminal acts becomes increasingly lenient with age, with older offenders more likely to receive probation than imprisonment and more likely to receive a shorter sentence if imprisoned.

"The age advantage was most apparent for defendants in the sixties and seventies," says Steffensmeier. "On average, the probability of defendants in their sixties being incarcerated was about 25 percent less than defendants in the 21-29 year-old group; and, if incarcerated, older defendants were sentenced to an average of 8 fewer months. The differences were even larger for defendants in their seventies. They were about 30 percent less likely to be incarcerated than 21-29 year-olds and received prison terms about 13 months shorter."

Judges took a tougher stance when it came to drug-related offenses. In the area of violent or property offenses, defendants age 60 and over received prison terms 7-14 months shorter than that of young adults convicted of the same offenses. However, when the crime involved the sale, delivery or possession of drugs, the sentences meted out to the older defendant were only 2-3 months shorter.

"The law is tougher on drug offenders age 60 and over apparently because they are viewed as less amenable to treatment and society has no choice but to lock them up," Steffensmeier says. "Also drug dealing by older defendants is likely be seen as especially repugnant, because their clientele are likely to be younger and presumably less mature, more vulnerable."

Pennsylvania judges, in justifying the generally more lenient sentences for older persons, cite a number of factors. Older criminals, from a physical perspective, are less dangerous than younger, stronger, more agile offenders. They are also perceived as less blameworthy, in the sense that their crimes may be traced to drug or alcohol addictions and psychological disorders. Furthermore, imprisoning older and especially elderly persons entails higher health care costs for the criminal justice system, the researchers say.

"Finally, Pennsylvania judges are likely to believe a prison sentence presents greater physical and psychological hardships for older inmates. The older prisoner is seen as more vulnerable to aggression from younger offenders and as having less time for ultimate rehabilitation. A term of one year imposed on a 60-year-old takes a much larger percentage of that person's remaining years than the same punishment given out to a 20-year-old," Steffensmeier adds.

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Contacts:

Paul Blaum (814) 865-9481 (o)

Vicki Fong (814) 865-9481 (o)/ (814) 238-1221 (h)

 

EDITORS: Dr. Steffensmeier can be reached at (814) 863-1690 (office) and (814) 466-6476 (home), or at by email. Mr. Motivans is at (814) 863-2797 or at or by email.