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Dissertation Information for Bert Kritzer

NAME:
- Bert Kritzer
- (Alias) Herbert Morris Kritzer

DEGREE:
- Ph.D.

DISCIPLINE:
- Political Science

SCHOOL:
- University of North Carolina, Chapel Hill (USA) (1974)

ADVISORS:
- None

COMMITTEE MEMBERS:
- None

MPACT Status: Incomplete - Not_Inspected

Title: JUDICIAL RESPONSE TO PROTEST: THE SENTENCING OF DRAFT RESISTERS AND ITS IMPACT

Abstract: This study examines the response of trial court judges to political protest, and what impact that response has on both the protest activity and the individuals involved. The study focuses upon the sentencing of draft registers between 1965 and 1972 in the federal district courts. The analysis of sentencing utilized two samples of draft cases identified as involving draft registers. The first included 534 cases of draft resistance listed in two peace movement periodicals; the second included 200 respondents to a mail survey of resisters. The analysis of sentencing impact utilized responses to that survey plus aggregate data supplied by the Administrative Office of the United States Courts and by Selective Service Headquarters.
Five sets of independent variables were included in the analysis of sentencing behavior; case-specific variables, judicial background variables, war environment indicators, local political environment indicators, and local elite attitude indicators. These sets of variables accounted for from 19% to 50% of the casewise variance in sentences received by draft resisters. The sentencing analysis revealed that the sentencing decision includes two distinct aspects; the decision whether or not to imprison the resister, and the decision as to the length of imprisonment. Different types of considerations influence each of these decisions. Case-specific variables, particularly the nature of the violation and the religious background of the register, affect the decision to impose a prison sentence. Environmental variables, both national and local, affect the decision concerning the length of imprisonment. Generally, judicial background variables accounted for little of the variance in sentencing.
The deterrent effect of sentences received by draft offenders was tested using aggregate data. Sentencing trends did account for a statistically significant portion of the variance in the number of cases referred to the Justice Department by Selective Service; however, when compared to other explanatory variables, the deterrent effect was minimal. Nonetheless, responses to the survey of draft registers had a substantial impact on their lives, very often in a negative way.

MPACT Scores for Bert Kritzer

A = 0
C = 1
A+C = 1
T = 0
G = 0
W = 0
TD = 0
TA = 0
calculated 2009-05-15 08:08:51

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