Sentencing Recommendations, Anchoring Effect and Fairness in Criminal Justice—An Empirical Study Based on a Sample of 520 Sentences in K City

2018 ◽  
Vol 39 (3) ◽  
pp. 149-170
Author(s):  
Lin Xifen ◽  
Ma Yong
Keyword(s):  
Criminal Justice ◽  
Empirical Study ◽  
Anchoring Effect ◽  
Sentencing Recommendations

scholarly journals Investigating the Impact of Jury Sentencing Recommendations Using Procedural Justice Theory

2017 ◽  
Vol 20 (4) ◽  
pp. 535-568 ◽  
Author(s):  
Gianni Ribeiro ◽  
Emma Antrobus
Keyword(s):  
Criminal Justice ◽  
Procedural Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Frustration Effect ◽  
Public Confidence ◽  
Justice Theory ◽  
Perceptions Of Fairness ◽  
Sentencing Recommendations ◽  
The Impact

Public confidence in the criminal justice system is critical for the system to function effectively. Two studies investigated the impact of jury sentencing recommendations on public confidence using procedural justice theory. The first study (N = 80) manipulated the presence of jury involvement in sentencing (voice present versus voice absent) and the punitiveness of the minimum non-parole period (more punitive versus less punitive) to examine whether giving juries a “voice”—a key element of procedural justice—would increase public confidence in the courts, as well as perceptions of fairness and legitimacy. Contrary to predictions, results revealed that a more punitive sentence led to increased perceptions of legitimacy, which was associated with higher confidence. The second study (N = 60) examined whether manipulating the Judge’s agreement with the jury’s recommendation—as well as the Judge’s reason for disagreement—would elicit the “frustration effect,” leading to a decrease in confidence and perceptions of fairness and legitimacy. There was no evidence to suggest that the frustration effect was present. Results of both studies could suggest that jury sentencing recommendations may not effectively increase public confidence and perceptions of fairness and legitimacy in the courts, however alternate explanations are discussed.

PENDEKATAN HAK ASASI MANUSIA PADA SISTEM PEMIDANAAN DAN PUTUSAN PERKARA KORUPSI

2020 ◽  
Vol 6 (1) ◽  
pp. 23-48
Author(s):  
Mahrus Ali
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Empirical Study ◽  
Social Welfare ◽  
Criminal Justice System ◽  
Justice System ◽  
Court Decision ◽  
Human Right ◽  
The Relationship ◽  
Human Rights Violation

This juridical normative and empirical study is conducted with the aim at analyzing the relationship between corruption and human rights violation. Two issues shall be discussed, i.e. what factors inhibits the use of human right approach in corruption cases and what changes can be made to the criminal justice system, especially in relation to the penal judgement. One factor inhibiting the use of a human right approach in handling corruption cases in the perspective of treating corruption as pure criminal act wholly unrelated to violation of human rights.  To rectify this situation and accommodate this human right approach, the author recommends to prioritize and use fine which basic value is social welfare.  Court decision in corruption cases, in addition, should when evaluating elements of crime charges, explicitly describe those rights of the victims which are violated and use this consideration in determining what penal sanction are to be given. 

s.I Actors, Ch.1 An Empirical Analysis of International Criminal Law: The Perception and Experience of the Accused

2020 ◽  
Author(s):  
Devresse Marie-Sophie ◽  
Scalia Damien
Keyword(s):  
Criminal Justice ◽  
Empirical Study ◽  
Lived Experience ◽  
Criminal Law ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
International Criminal Law ◽  
Symbolic Violence ◽  
International Criminal Justice ◽  
Trial Process

This chapter is an empirical study of how individuals who have been defendants at the International Criminal Tribunal for the former Yugoslavia (ICTY) and Rwanda (ICTR) perceived and understood the trial process. Breaking with those who resist taking seriously the lived experience of individuals accused of being responsible for terrible acts, the chapter insists that even the most despised genocidaire can contribute to knowledge-production about international criminal justice. This chapter’s conclusions, which are based on an analysis of 60 interviews, though enlightening are often counterintuitive. It finds, for example, that a defendant’s acceptance of the legitimacy of their trial generally depends far more on whether the defendant believes the process treated them fairly than on pragmatic considerations such as the outcome of the trial and the severity of any resulting sentence. Moreover, most defendants felt estranged from the trial process on account of its symbolic ‘violence’ toward them and the passive position it necessarily assigns them during the trial.

Determinate Sentencing

1977 ◽  
Vol 23 (2) ◽  
pp. 204-207 ◽  
Author(s):  
John R. Manson
Keyword(s):  
Criminal Justice ◽  
Empirical Study ◽  
Justice System ◽  
Cost Effective ◽  
Sentence Structure ◽  
Negative Consequences ◽  
The Public ◽  
Parole Board ◽  
Administration Of Justice ◽  
Determinate Sentencing

Parole, an extension of discretion to mitigate sentences for "rehabili tated" offenders, has had some negative consequences. The preponderance of empirical study also shows that parole supervision is not critical in determining community success, is not cost-effective, does not protect the public, and does not provide for the equal administration of justice. The difficulties lie not with personnel but with the criminal justice system. Rehabilitation, therefore, is not an appropriate basis of a sentence structure or institutional operation. A flat sentence, with unconditional discharge at its expiration, would invite the prisoner to participate in rehabilitative programs if he was genuinely interested in them, not because he wanted to impress the parole board.

The adversarial defence lawyer: Myths, disclosure and efficiency—A contemporary analysis of the role in the era of the Criminal Procedure Rules

2019 ◽  
Vol 24 (1) ◽  
pp. 35-58
Author(s):  
Ed Johnston
Keyword(s):  
Criminal Justice ◽  
Empirical Study ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
17Th Century ◽  
Best Interest ◽  
Guilty Plea ◽  
Defence Lawyer ◽  
Informational Resource

This article contends that piecemeal changes to the adversarial process since the dawn of the new millennium have transformed the CJS. The advent of (near) compulsory disclosure means the defendant has to reveal many elements of his defence. This dilutes the adversarial battle and leaves a process which is managerialist in nature. The Early Guilty Plea system is a mechanism to increase the efficiency by stemming the amount of cases reaching the trial stage. This has an impact on the defence lawyer’s role and renders him conflicted between advancing the best interest of the client against other pre-trial obligations. This small empirical study suggests that classic adversarial lawyers are seen as a relic of a bygone era. The modern criminal justice system prioritises speed and efficiency. If a case reaches court, the defendant is treated as an ‘informational resource’ of the court reminiscent of his position in the 17th century.

scholarly journals Anchoring Effect in Real Litigation: An Empirical Study

2016 ◽  
Author(s):  
Yun-chien Chang ◽  
Kong-Pin Chen ◽  
ChanggChing Lin
Keyword(s):  
Empirical Study ◽  
Anchoring Effect
Sign in / Sign up

Export Citation Format

Share Document