Download or read book The Influence of Sentencing Goals on Judicial Decision making written by Margaret Marcus Hale and published by . This book was released on 1984 with total page 119 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 How Do Judges Decide written by Cassia Spohn and published by SAGE Publications. This book was released on 2008-12-17 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: How are sentences for federal, state, and local crimes determined? Is this process fairly and justly applied to all concerned? How have reforms affected the process over the last 25 years? Offering a comprehensive overview of the sentencing process in the United States, How Do Judges Decide? The Search for Fairness and Justice in Punishment explores these questions and more. Author Cassia Spohn first discusses the overall concept of punishment and then analyzes individual aspects of it, including the sentencing process, the responsibility of the judge, and disparity and discrimination in sentencing. This Second Edition offers new information on the impact of sentencing reforms, including recent research and case law, updated statistics in tables and figures, and new boxed highlights. Key Features Helps students understand patterns in the wide discretion and latitude given to judges when determining penalties within the framework of the U.S. judicial system Engages the reader with "Focus on an Issue" sections, which analyze key issues such as gender and sentencing (Ch.4) and the impact of race on sentencing for drug offenses (Ch.5) Examines sentencing reforms and their impact, providing students with up-to-date information on how punishment is meted out in U.S. courts. Contains boxed excerpts in each chapter from books and articles, with a variety of case studies on topics such as the O.J. Simpson murder trial, judicial surveys, and comparison of sentences in different jurisdictions by gender Offers new material on specialty courts and the prosecutor's role in sentencing Concludes each chapter with discussion questions How Do Judges Decide? is an ideal text for upper-division undergraduate and graduate courses on the judicial system, criminal law, and law and society.
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 Judicial Decision Making written by Lawrence S. Wrightsman and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the mid-1970s, as a social psychologist dedicated to the application of knowl edge, I welcomed our field's emerging interest in the legal system. I have al ways been fascinated by jury trials-something about the idea that two con ceptions of the truth were in irrevocable conflict and jurors could choose only one of them. More important, the criminal justice system is a major social force that has been ignored by social psychologists for most of the twentieth century. As I systematically began to explore the applications of social psycho logical concepts to the law 20 years ago, I experienced the delight of discovery similar to that of a child under a Christmas tree. It has been satisfying to be among the cohort of researchers who have studied the legal system, especially trial juries, from a psychological perspective. I believe we have learned much that would be useful if the system were to be revised. Hlf the system were to be revised" . . . there's the rub. As I have stated, my original motivation was the application of knowledge. Like other social scien tists, I believed-perhaps arrogantly-that the results of our research efforts could be used to make trial juries operate with more efficiency, accuracy, and satisfaction. Qver the last two decades, much knowledge has accumulated. How can we put this knowledge to work? Judges are the gatekeepers of the legal system.
Download or read book How Judges Sentence written by Geraldine Mackenzie and published by Federation Press. This book was released on 2005 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do judges sentence? This question is frequently asked but infrequently explored. What factors are taken into account? How do judges see their role? How do they apply the aims and purposes of sentencing? How are factors such as public opinion taken into account? How Judges Sentence explores these questions through interviews with Queensland judges. The judges explain how they come to their decisions when sentencing, how they view judicial discretion, and how they exercise it. The book carefully examines their comments within the legislative and theoretical contexts of sentencing. The analysis yields valuable insights into judicial methodologies, perceptions, and attitudes towards the sentencing process. How Judges Sentence provides a major contribution to debates on sentencing.
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 Decisionmaking in Criminal Justice written by Michael R. Gottfredson and published by . This book was released on 1980 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Sentencing Policy and Social Justice written by Ralph Henham and published by Oxford University Press. This book was released on 2018-02-22 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sentencing Policy and Social Justice argues that the promotion of social justice should become a key objective of sentencing policy, advancing the argument that the legitimacy of sentencing ultimately depends upon the strength of the relationship between social morality and penal ideology. It sheds light on how shared moral values can influence sentencing policy at a time when relationships of community appear increasingly fragmented, arguing that sentencing will be better placed to make a positive contribution to social justice if it becomes more sensitive to the commonly-accepted moral boundaries that underpin adherence to the 'rule of law'. The need to reflect public opinion in sentencing has received significant attention more recently, with renewed interest in jury sentencing, 'stakeholder sentencing', and the involvement of community views when regulating policy. The author, however, advocates a different approach, combining a new theoretical focus with practical suggestions for reform, and arguing that the contribution sentencing can make to social justice necessitates a fundamental change in the way shared values about the advantages of punishment are reflected in penal ideology and sentencing policy. Using examples from international, comparative and domestic contexts to advance the moral and ethical case for challenging the existing theories of sentencing, the book develops the author's previous theoretical ideas and outlines how these changes could be given practical shape within the context of sentencing in England and Wales. It assesses the consequences for penal governance due to increased state regulation of discretionary sentencing power and examines the prospects for achieving the kind of moral transformation regarded as necessary to reverse such a move. To illustrate these issues each chapter focuses on a particularly problematic area for contemporary sentencing policy; namely, the sentencing of women; the sentencing of irregular migrants; sentencing for offences of serious public disorder; and sentencing for financial crime.
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 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 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 The Impact of Sentencing Reform written by John D. Hewitt and published by . This book was released on 1983 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Guidelines Manual written by United States Sentencing Commission and published by . This book was released on 1988 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Sentencing Goals Causal Attributions Ideology and Personality written by Sloan School of Management and published by Forgotten Books. This book was released on 2015-06-14 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Sentencing Goals, Causal Attributions, Ideology, and Personality It is generally accepted that decisionmakers in the criminal justice system (e.g., judges, parole boards, probation officers) have a great deal of discretion in order to tailor correctional resources to individual offenders. However, this discretion has apparently created the conditions for widespread disparity in that similar cases are treated differently by different decisionmakers. The recent policy movement toward determinate sentencing is a response to a decade of reports of judicial sentencing disparity (e.g., Frankel, 1973; Partridge & Eldridge, 1974). For example, in his study of Canadian judges, Hogarth (1971) concluded that, "one can explain more about sentencing by knowing a few things about a judge than by knowing a great deal about the facts of the case" (p. 350). Similar results were well-known even thirty years earlier (Gaudet, 1938; McGuire & Holtzoff, 1940). The major purpose of this paper is to develop a framework for understanding individual differences among criminal justice decisionmakers and the implications of these differences for sentencing decisions. Research has generated dozens of individual differences associated with criminal justice decisions and decisionmakers (e.g., Brodsky & Smitherman, 1983). About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
