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Crimes and Punishments: Entering the Mind of a Sentencing Judge provides a cross-section of different crimes for which Judge Frederic Block sentenced a convicted criminal.
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.
This title presents a fully developed punishment theory which incorporates both utilitarian and retributive sentencing purposes. The author describes and defends a hybrid sentencing model that integrates theory and practice - blending and balancing both the competing principles of retribution and rehabilitation and the procedural concern of weighing rules against discretion.
For two centuries, federal judges exercised wide discretion in criminal sentencing. In 1987 a complex bureaucratic apparatus termed Sentencing "Guidelines" was imposed on federal courts. FEAR OF JUDGING is the first full-scale history, analysis, and critique of the new sentencing regime, arguing that it sacrifices comprehensibility and common sense.
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.
The appropriate amount of punishment for a given crime is an issue that has been debated by scholars, philosophers and legal professionals since the beginning of civilizations. This book seeks to address this issue in all of its complexity by providing a comprehensive overview of the sentencing process in the United States. The book begins by discussing the overall concept of punishment and then proceeds to dissect individual aspects of punishment. Topics include: the sentencing process; responsibility of the judge; disparity and discrimination in sentencing; and sentencing reform. This book is an ideal text for introductory courses on the judicial system, criminal law, law and society. It can be an essential resource to help students understand patterns in the wide discretion and latitude given to judges when determining punishments within the framework of the United States judicial system.
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.
Presents research findings on city courts and their processing of misdemeanors, illuminating the conditions under which bias is maximized and minimized in the lower courts.