Download or read book Judicial Decision Making Sentencing Policy and Numerical Guidance written by Austin Lovegrove and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes an original, empirical study of judicial decision making. The process of determining sentences is a difficult one for judges and often unnecessarily intuitive, subjective, and complex. The present study introduces a conceptual outline and empirical technique for increasing the precision of sentencing policy, thus offering an aid to judges who sentence in the light of this policy. The primary purpose of this model of judicial decision making is to provide a framework for scaling the seriousness of any single case in relation to the facts of that case and for relating this assessment to the appropriate quantum of sentence. The validity of the model is tested and cross-validated in an archival study. This innovative research serves as an important prototype for a system of numerical guidance to judges and sentencers.
Download or read book Judicial Decision making and Criminal Sentencing written by Sean Daly (Political scientist) and published by . This book was released on 2015 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt: American trial judges exercise an enormous power when they sentence criminal offenders to a specific length of incarceration. Does the partisan affiliation of the trial judge affect the final determination in an offender's length of incarceration? Using a psychological framework, I examine the effects that partisanship, and ideology have on a judge's perception of the root causes of crime and the primary purpose that sentencing should serve in our criminal justice system. Using a unique proxy measure for judicial partisanship I analyze violent felony cases in Washington State from 2000 to 2006. I find that a Republican judge hands down a sentence 4.4% longer than a Democratic judge, controlling for other case factors. Additional analysis shows that this finding is most prominent in rape cases, in which a Republican judge can be expected to hand down a sentence 34% longer than his Democratic counterpart. I conclude with several possible explanations on why rape cases would trigger an exceptionally longer sentence from a Republican judge.
Download or read book Decision Making in Criminal Justice written by Michael R. Gottfredson and published by Springer Science & Business Media. This book was released on 2013-11-11 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of decisions in the criminal justice process provides a useful focus for the examination of many fundamental aspects of criminal jus tice. These decisions are not always highly visible. They are made, or dinarily, within wide areas of discretion. The aims of the decisions are not always clear, and, indeed, the principal objectives of these decisions are often the subject of much debate. Usually they are not guided by explicit decision policies. Often the participants are unable to verbalize the basis for the selection of decision alternatives. Adequate information for the decisions is usually unavailable. Rarely can the decisions be demonstrated to be rational. By a rationaldecision we mean "that decision among those possible for the decisionmaker which, in the light of the information available, maximizes the probability of the achievement of the purpose of the decisionmaker in that specific and particular case" (Wilkins, 1974a: 70; also 1969). This definition, which stems from statistical decision theory, points to three fundamental characteristics of decisions. First, it is as sumed that a choice of possible decisions (or, more precisely, of possible alternatives) is available. If only one choice is possible, there is no de cision problem, and the question of rationality does not arise. Usually, of course, there will be a choice, even if the alternative is to decide not to decide-a choice that, of course, often has profound consequences.
Download or read book How Do Judges Decide written by Cassia Spohn and published by SAGE. This book was released on 2009 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: How are sentences for Federal, State, and Local crimes determined in the United States? Is this process fairly and justly applied to all concerned? How have reforms affected the process over the last 25 years? This text for advanced undergraduate students in criminal justice programs seeks to answer these questions.
Download or read book Sentencing and Disparity written by Margaret Elizabeth Gilkison and published by . This book was released on 1985 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Sentencing and Artificial Intelligence written by Jesper Ryberg and published by Oxford University Press. This book was released on 2022-01-21 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first collective work devoted exclusively to the ethical and penal theoretical considerations of the use of artificial intelligence at sentencing Is it morally acceptable to use artificial intelligence (AI) in the determination of sentences on those who have broken the law? If so, how should such algorithms be used--and what are the consequences? Jesper Ryberg and Julian V. Roberts bring together leading experts to answer these questions. Sentencing and Artificial Intelligence investigates to what extent, and under which conditions, justice and the social good may be promoted by allocating parts of the most important task of the criminal court--that of determining legal punishment--to computerized sentencing algorithms. The introduction of an AI-based sentencing system could save significant resources and increase consistency across jurisdictions. But it could also reproduce historical biases, decrease transparency in decision-making, and undermine trust in the justice system. Dealing with a wide-range of pertinent issues including the transparency of algorithmic-based decision-making, the fairness and morality of algorithmic sentencing decisions, and potential discrimination as a result of these practices, this volume offers avaluable insight on the future of sentencing.
Download or read book Sentencing in the Age of Information written by Katja Franko Aas and published by Psychology Press. This book was released on 2005 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Applying media and communication studies to sentencing and penal culture, Franko Aas offers a lucid and innovative account of how punishment is adjusting to a new cultural climate.
Download or read book The Framework of Judicial Sentencing written by Austin Lovegrove and published by Cambridge University Press. This book was released on 1997-05 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Austin Lovegrove examines the sentencing of offenders appearing on multiple offences and how judges, having fixed a prison sentence for each offence, determine an overall sentence for each offender. Analysing judges' verbal protocols for sentencing problems and sentences for fictitious cases, he is able to offer, first, a model of judicial sentencing in the form of a decision strategy comprising working rules deduced from the given responses of judges as they attempted to apply sentencing law, and, second, a numerical guideline in the form of an algebraic model quantifying the application of the working rules. On the basis of this empirical data, Dr Lovegrove furthers understanding of the nature and place of intuition in sentencing and of how the cumulation of sentence can be integrated into a system of proportionality related to the seriousness of single offences.
Download or read book Decision making in the Criminal Justice System written by Don M. Gottfredson and published by . This book was released on 1975 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Severity and Restitution in Sentencing written by Jane Foraker-Thompson and published by . This book was released on 1985 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Effects of Prior Stages of Criminal Justice Decision Making on Criminal Sentencing A Test of Three Models written by and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous research has analyzed the effects of legal and extralegal factors on criminal justice decision-making. Most of this research analyzes discrete stages, rather than multiple stages of the criminal justice process. Using data on felony convictions in a New Jersey State Court, this study compares the utility of a legal model of decision-making, an organizational model of decision-making and Black's (1976) theory of law in predicting several criminal justice outcomes. Providing some support for both the legal model and Black's theory of law, the results indicate the influence of both legal case characteristics and extralegal factors during initial stages of criminal justice processing. However, the influence of extralegal factors on later sentencing decisions through their effects on initial outcomes indicates the operation of organizational factors in criminal justice processing. While offenders are directly penalized by extralegal factors during initial criminal justice processing, they are penalized indirectly at sentencing stages by these same factors. Overall, the results of this analysis provide overwhelming support for an organizational model of criminal justice processing, in which later criminal justice outcomes are greatly a function of outcomes at previous stages. Previous research fails to systematically include prior outcomes in analyses of criminal sentencing. Criminal sentencing research that fails to consider the impact of initial criminal justice outcomes may falsely conclude that extralegal factors have no affect on decision-making.
Download or read book Sentencing as a Human Process written by John Hogarth and published by University of Toronto Press. This book was released on 1971-12-15 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sentencing is not a neutral or mechanical act; it is a human process, highly charged affectively and motivationally. Sentencing decisions take place in a social environment of laws, facts, ideas, and people. This study of sentencing behaviour is primarily concerned with the mental processes involved in decision-making. It is based on intensive interviews and on measures of the information-processing ability of seventy-one full-time judges in Ontario. The work covers such topics as: problems of sentencing (particularly existing disparities); social and economic background of judges and their varying penal philosophies; the nature and measurement of judicial attitudes toward crime; punishment and related issues; prediction of sentencing behaviour based on attitude scales (which the author has constructed) and also on 'fact patterns perceived by judges'; and the impact of social and legal constraints on the sentencing process. The study concludes that there exists a very high correlation between a judges definition of situation and the sentence which he imposes and that while sentences meted out for a particular law violation under similar circumstances may differ among judges, judges are 'highly consistent within themselves.' Using these conclusions the author constructs a model of judicial behaviour and shows how this model can be used to predict and to explain sentencing and breaks new ground in the use of the social and behavioural sciences as sources of data to explain the sentencing process.
Download or read book Sentencing and the Legitimacy of Trial Justice written by Ralph Henham and published by . This book was released on 2013-05-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the under-researched relationship between sentencing and the legitimacy of punishment. It argues that there is an increasing gap between what is perceived as legitimate punishment and the sentencing decisions of the criminal courts. Drawing on a wide variety of empirical research evidence, the book explores how sentencing could be developed within a more socially-inclusive framework for the delivery of trial justice. In the international context, such developments are directly relevant to the future role of the International Criminal Court, especially its ability to deliver more coherent and inclusive trial outcomes that contribute to social reconstruction. Similarly, in the national context, these issues have a vital role to play in helping to re-position trial justice as a credible cornerstone of criminal justice governance where social diversity persists. In so doing the book should help policy-makers in appreciating the likely implications for criminal trials of 'mainstreaming' restorative forms of justice. Sentencing and the Legitimacy of Trial Justice firmly ties the issue of legitimacy to the relevant context for delivering 'justice'. It suggests a need to develop the tools and methods for achieving this and offers some novel solutions to this complex problem. This book will be a valuable resource for graduate students, academics, practitioners and policy makers in the field of criminal justice as well as scholars interested in socio-legal and cross-disciplinary approaches to the analysis of criminal process and sentencing and the development of theory and comparative methodology in this area.
Download or read book Decisions to Imprison written by Rasmus H. Wandall and published by Routledge. This book was released on 2016-05-13 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rasmus Wandall uses quantitative and qualitative methods from studies carried out in Denmark, to address the formal and informal norms and ideologies that are used to generate decisions to imprison. Focusing on the operations of the courtroom participants, his work investigates how court decision-making is organized to allow the sentencing procedure to be open to more than its formal legal framework, while at the same time keeping the sentencing within the boundaries of law and legal validity. The author uses the theory of law's operational closure, developed by Niklas Luhmann. The theory provides an advantageous point of departure to capture the close and subtle interactions between law's need for validity and for contextual openness in every legal operation - including court decision-making.
Download or read book Criminal Courts written by Craig Hemmens and published by SAGE Publications. This book was released on 2022-01-06 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text is comprehensive, engaging, and authored by nationally recognized experts in the field Craig Hemmens, David C. Brody, and Cassia Spohn. The Fifth Edition of Criminal Courts: A Contemporary Perspective explores the foundations of the court system as well as related areas that are crucial to the justice system.
Download or read book Penal Populism Sentencing Councils and Sentencing Policy written by Arie Freiberg and published by Routledge. This book was released on 2014-03-05 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public outcries and political platforms based on misinformation and misconceptions about the criminal justice system and current sentencing practice occur all too often in democratic societies. Penal Populism, Sentencing Councils and Sentencing Policy attempts to address this problem by bringing together important contributions from a number of distinguished experts in the field. Penal Populism presents theoretical perspectives on the role of the public in the development of sentencing policy. It places particular emphasis on the emerging role of sentencing commissions, advisory councils or panels in a number of English speaking countries: Australia, New Zealand, the United States, the United Kingdom, Scotland and South Africa. The book explains, expands and develops the existing literature that looks at public attitudes to justice and the role that the 'public' can play in influencing policy. Written in a scholarly yet accessible style, Penal Populism asks the critical questions: should 'public opinion', or preferably, 'public judgment' be relevant to court decision-making, to institutional decision-making and to the political process? And if so, how?
Download or read book Judgment Day written by Rosa Aloisi and published by Cambridge University Press. This book was released on 2017-06-16 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates how, after many years of inactivity after the World War II tribunals, judges at the Yugoslav, Rwanda and Sierra Leone tribunals, and to a lesser extent the International Criminal Court, have seized the opportunity to develop international law on war crimes, crimes against humanity and genocide. Meernik and Aloisi argue that judges are motivated by a concern for human rights protection and the legacy of international criminal justice. They have progressively expanded the reach of international law to protect human rights and have used the power of their own words to condemn human rights atrocities. Judges have sentenced the guilty to lengthy and predictable terms in prison to provide justice, deterrence of future violations and even to advance peace and reconciliation. On judgment day, we show that judges have sought to enhance the power of international justice.
