Ulteriori informazioni
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.
Sommario
One A Perspective for a Quantitative Approach to Sentencing Policy and Guidance.- 1 The Task of Describing Sentencing Policy Quantitatively.- 2 Approaches to the Development of Detailed Sentencing Statistics and Numerical Guidelines.- 3 Toward a Model of Judicial Decision Making: An Unproductive Review of Psychological Research.- Two An Archival Study of a Legal Model of Judicial Decision Making in Sentencing.- 4 A Legal Model of Judicial Decision Making.- 5 The Data Base and Data Collection.- 6 Offense Characteristics of Burglary.- 7 The Relationship Between Offense Characteristics of Burglary and Sentence.- 8 Offender Characteristics and Prior Convictions in Cases of Burglary.- 9 The Relationship Between Offender Characteristics of Burglary and Sentence.- 10 The Relationship Between Case (Offense and Offender) Characteristics of Burglary and Sentence.- 11 Toward Detailed Sentencing Statistics.- Three Sentencing Policy and Numerical Guidance as a Deliberative Process.- 12 Judicial Input Into the Model of Sentencing.- 13 The Validity of the Technique of Fictitious Cases.- 14 Multiattribute Utility Measurement and the Model of Judicial Decision Making.- 15 Scaling of Seriousness and Assessment of Weights for Offense Factors of Burglary.- 16 Coherence and the Tariff.- 17 Toward Deliberative Sentencing and Numerical Guidelines.- Appendix 1 A Sample Case in Exercise 1.- New Case.- Appendix 2 A Sample Fictitious Case in Exercise 3 and Exercise 4.- New Case.- References.- Author Index.
