Tesi sul tema "Sentencing"
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1
Kinney, J. Bryan. "Court sentencing patterns /". Burnaby B.C. : Simon Fraser University, 2005. http://ir.lib.sfu.ca/handle/1892/2367.
Testo completo
2
GRIFFIN, TIMOTHY W. C. "THE IMPACT OF PRESUMPTIVE SENTENCING GUIDELINES ON DISPARITY IN SENTENCING IN OHIO". University of Cincinnati / OhioLINK, 2002. http://rave.ohiolink.edu/etdc/view?acc_num=ucin1028584629.
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3
Estes, Davis A. "Race & Non-Racial Characteristics in Sentencing Length and Sentencing Type Disparity". VCU Scholars Compass, 2015. http://scholarscompass.vcu.edu/etd/3848.
Testo completoAbstract (sommario):
Utilizing data from the United States Department of Justice Bureau of Justice Statistics Survey of Inmates in State and Federal Correctional Facilities (SISCF) 2004, this research investigates the possibility that African American drug offenders receive lengthier prison sentences and are imposed more range of time or indeterminate sentences as opposed to flat sentences based on race and/or non-racial characteristics; specifically parole status prior to sentencing, plea agreement status, prior criminal history, education status prior to arrest, employment status prior to arrest, and parental incarceration. While regression analysis revealed racial sentencing disparity for length of sentence and type of sentence (p< .05 and p< .001 respectively), among non-racial characteristics, only education status prior to arrest proved a significant predictor for length of sentence (p≤ .001). African American drug offenders were more likely sentenced to indeterminate sentences as opposed to flat sentences and were less likely to receive short sentences of 0 to 4 years or medium sentences of 4 to 10 years as compared to long sentences of 10 or more years. Potential research implications include the necessity for additional research regarding racial sentencing disparity as length or type of sentences as opposed to disparity as a numerical or a percentage difference between racial groups as well as the utilizing of inmate data that encompasses recent changes in drug sentencing laws, e.g. crack cocaine versus powder cocaine. Future research might also consider the evolution of marijuana laws in the United States and the potential impact on racial sentencing disparity.
4
Yampracha, Supakit. "Understanding Thai sentencing culture". Thesis, University of Strathclyde, 2016. http://oleg.lib.strath.ac.uk:80/R/?func=dbin-jump-full&object_id=27087.
Testo completoAbstract (sommario):
Much has been written about the sentencing systems and practices of Western common-law jurisdictions, but little is known about those of Thailand, an Eastern civil-law country. This thesis fills this gap in the literature by identifying key characteristics of Thai sentencing culture and proposing a theory for understanding them. The focus is not on the Penal Code but on Yee-Tok, a judicially self-imposed form of sentencing guidance, the details of which are not publicly available and whose role in sentencing decision-making remains invisible to those beyond the judiciary. My aim is to find out how Yee-Tok works in the pursuit of consistency and accountability in sentencing. The study finds that consistency and accountability are not alien concepts to Thai sentencers. Even though each lower court has a different Yee-Tok, evidence from focus groups of lower court judges appears to suggest that the differences between each Yee-Tok may be limited. In addition to the duty to sentence in accordance with the Penal Code monitored by the higher courts, Thai lower court judges, by convention, are expected to comply with Yee-Tok in their court and to consult their Chief Judge before departing from it. Although there is no statutory obligation to comply with Yee-Tok, this research finds that most judges appear to wish to comply with Yee-Tok. Consistency in sentencing outcomes in each court is achieved due to the compliance of all judges with the Yee-Tok of their court. Accountability in sentencing is understood as the need to ensure that sentencers adhere to judicial custom and observe high moral standards. Three main characteristics of Thai sentencing culture were identified in this research: conformity in sentencing decision-making; the tendency to impose prison sentences relatively frequently; and the lack of demand in the eyes of the judiciary for public accountability in sentencing. These characteristics can be explained by a theory based on two conceptual building blocks: the judicial structure of a career judiciary; and Thailand’s political, social and cultural context. This study seeks to understand Thai sentencing. However, the findings also have implications for the fields of comparative criminal justice, comparative law and comparative judicial studies.
5
Evans, Jane S. "Sentencing alternatives for women, options for a woman-centered justice model's sentencing component". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0033/MQ38747.pdf.
Testo completo
6
Tufts, Jennifer. "Understanding public attitudes toward sentencing". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ58517.pdf.
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7
Lovko, Jennifer Rae. "Determinants of Criminal Court Sentencing". W&M ScholarWorks, 1994. https://scholarworks.wm.edu/etd/1539625934.
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8
Kamuzze, Juliet. "Fine tuning Uganda's sentencing guideline framework : lessons from sentencing guideline systems in selected common law jurisdictions". Thesis, University of Strathclyde, 2015. http://oleg.lib.strath.ac.uk:80/R/?func=dbin-jump-full&object_id=24837.
Testo completoAbstract (sommario):
This study explores the different approaches that could be adopted in designing meaningful sentencing guidelines for Uganda. The study argues that the primary function of sentencing guidelines is to enable a public articulation of meaningful consistency. The study also argues that sentencing guidelines modelled on a limiting retributivism model offer the most appropriate liberal approach to achieving meaningful consistency in sentencing. The primary aim of the study is to offer an integrated set of proposals for the improvement of Uganda's sentencing guidelines and statutory sentencing framework. This is accomplished by means of a literature review and empirical analysis of guideline systems in selected common law jurisdictions as well as an analysis of Uganda's first set of voluntary sentencing guidelines. The insights drawn from the literature review and experiences in other jurisdictions assist in identifying theoretical and normative weaknesses in Uganda's sentencing guidelines and in finding an integrated set of proposals for their improvement. The study specifically focuses on how some structural features of a sentencing guideline can be designed to articulate meaningful consistency in sentencing including: the guidelines' binding nature, scaling offence seriousness, sentencing ranges, aggravating and mitigating factors, departures, the role of previous convictions and discounts for multiple offence sentencing. The recommendations made in the study are particularly intended for a Ugandan context, although the set of proposals can also find application in any jurisdiction seeking to develop sentencing guidelines. The study offers an immediate practical guide to policy makers in Uganda and will be of great and particular interest to the judicial system in Uganda.
9
Tata, Cyrus. "Understanding the uses of sentencing discretion". Thesis, University of Strathclyde, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.501790.
Testo completoAbstract (sommario):
The work submitted here conceives of sentencing as an interpretive social process. Although previous research has shown sentencing to be an individualistic judge-centred interpretive decision process (e.g. Hogarth 1971), the features which appear to structure the decision process have tended to be taken as given, fixed, discrete, universal forces (often :alled 'factors'). My argument is that what appear to be fixed, stable, structuring forces in fact operate in combination with and through the particular (e.g. the instant case; the contextual circumstances; local court culture etc) in shifting and unstable ways.
10
Youngblood, Michelle K. "Juvenile Justice Sentencing: Are There Alternatives?" Thesis, University of North Texas, 2000. https://digital.library.unt.edu/ark:/67531/metadc2664/.
Testo completoAbstract (sommario):
Research indicates that states have implemented juvenile justice reforms to enact harsher punishments, to transfer greater numbers and younger juvenile offenders to adult criminal court, and to restrict discretion of the juvenile court judges. Social science studies have found that harsher punishments, transfers to adult criminal court and other measures do not work, but that comprehensive approaches which address the numerous major factors contributing to juvenile offending have been successful. This study examined the legal status of the juvenile justice system by focusing upon ten diverse sample states and analyzed the social science research on factors contributing to juvenile offending and on prevention, treatment, and rehabilitation approaches. The study was accomplished by legal research, qualitative social science research, and analysis of both. Findings indicated:
a) state statutes require and allow adult punishment of juvenile offenders, transfer of juvenile offenders to adult criminal court, and direct filing of charges against juveniles in adult criminal court; most states begin these proceedings at age 14, some have no age minimum;
b) social science research indicates numerous factors contribute to juvenile offending with most of the factors categorized into the major factors of early antisocial behavior, deviant peers, parents and family, sociomoral reasoning, biological factors, and violence which interact with each other creating a complicated web; and
c) prevention, treatment, and rehabilitation efforts should be comprehensive, multidimensional and multimodal addressing the interacting major factors contributing to juvenile offending and the needs of the juvenile, the family, and the home environment.
Implications include the need for legislators to access the social science research to craft legislation and programs which are effective. Suggestions for improvement include collaboration within communities and with knowledgeable and committed social science professionals and educators. Areas suggested for further research include education of the public, the media, and stakeholders; long term follow-up on promising programs; design and improvements in approaches based upon the social science research; meeting the needs of the juvenile, the family, and the home environment; and study of how the factors may differ for disabled juveniles.
11
Strange, C. Clare. "Judicial Variation in Sentencing and the Contributions of Caseloads and Contexts". University of Cincinnati / OhioLINK, 2021. http://rave.ohiolink.edu/etdc/view?acc_num=ucin1627660063565754.
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12
Betts, G. "Sentencing convicted thieves : principles, policy and practice". Thesis, Coventry University, 2011. http://curve.coventry.ac.uk/open/items/1693bb7e-8a50-463c-8744-5489f6259852/1.
Testo completoAbstract (sommario):
The thesis examines court sentencing decisions in theft cases within the context of a proportionality-based sentencing framework. Whilst relatively little is known of the magistrates’ court and Crown Court interpretations of proportionality, such as the impact that various aggravating and mitigating factors may have on the sentencing decision, the thesis examines those factors (relating to both the offence and the offender) that appear to have the greatest impact on the sentencing decision. Additionally, it was accepted here that the courts may rely (to some extent) on a number of other sentencing justifications, particularly crime prevention through rehabilitation, deterrence and incapacitation. The thesis finds that only a small number of factors individually appear to affect the sentencing decision. In other cases, a number of factors work together to increase the seriousness of the offence and consequently inform the sentencing decision. The thesis also finds that whilst proportionality considerations may dominate the sentencing decisions in some cases, in others the courts appear to have high regard to the need to prevent crime, particularly where an offender has a demonstrated pattern of offending due to a drug addiction. Whilst in some cases these crime reduction aims may be used within the confines of proportionality, the courts’ desire to prevent crime may eclipse proportionality constraints, ultimately leading to an apparently disproportionate sentence.
13
Fraga, Alexandria. "Gender Disparities in Criminal Sentencing: Assessing Three Decades of Change and the Impact of Women on the Bench". The Ohio State University, 2020. http://rave.ohiolink.edu/etdc/view?acc_num=osu1591967868311532.
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14
Udala, Megan Rose. "Racism and sexism influences on sentencing decisions". Thesis, University of British Columbia, 2016. http://hdl.handle.net/2429/58664.
Testo completoAbstract (sommario):
There is a large body of research pertaining to sentencing decisions and the factors that affect it. This thesis investigates three factors: (a) race of the perpetrator (b) sex of the perpetrator and (c) the victim’s relationship to the perpetrator. In Canada, Aboriginal offenders comprise 20% of the federal prison population and only 3% of the general population (Statistics Canada, 2012). Further, research suggests a sex difference in criminal sentencing, with males being convicted more often and for longer than their female counterparts (Auerhahn, 2007; Rodriguez, Curry, & Lee, 2006). In addition, the relationship of the victim to the perpetrator may also influence sentence length. For example, a woman in Canada who murders a non-relative child may receive a first-degree murder charge and a sentence of life in prison; however, if she murders her own child she may receive a lesser charge of infanticide and only five years in prison (R.S., c. C-34, s. 216). In this study, participants were randomly assigned to one of eight conditions where the perpetrator’s race, sex, and relationship to the victim were manipulated. Participants were instructed to indicate a perceived seriousness rating of the crime and to allocate a sentencing decision. The results of this study suggested female First Nations perpetrators received a lower perceived seriousness rating for their crime if they murdered their own child, paralleling the leniency found with the Canadian infanticide law. The opposite was found for male First Nations perpetrators. Male First Nation perpetrators received a higher perceived seriousness rating for their crime if they murdered their own child. In addition, results for sentencing length showed females received a significantly shorter sentence length. Specifically, I found that a female First Nations perpetrator who murders her own child was treated more leniently than all other conditions for both seriousness ratings and sentence lengths. The findings of this study elucidate the influential bias of race, sex, and victim relationship in sentencing decisions and contribute to understanding how the Canadian criminal justice system may be more equitable.Irving K. Barber School of Arts and Sciences (Okanagan)
Psychology, Department of (Okanagan)
Graduate
15
Allen, H. "Psychiatric sentencing and the logic of gender". Thesis, Brunel University, 1986. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.370131.
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16
Maslen, Hannah E. "Remorse and retribution : justifying mitigation at sentencing". Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:4afcd2ac-cfda-4361-92aa-4b5825442bbe.
Testo completoAbstract (sommario):
Remorse can be a powerful source of mitigation at sentencing. However, there is a lack of formal justification for this practice and a paucity of theoretical literature engaging with this issue. Addressing this gap, this thesis offers a comprehensive justification for why an offender’s remorse should mitigate the punishment he receives. It begins by discussing the emotion of remorse – its nature and value. With reference to broadly-retributive theories of punishment, it then considers various arguments that could be offered to justify the mitigating effect of remorse on the offender’s sentence. It rejects two arguments: either remorse constitutes some of the offender’s deserved punishment or remorse reduces the seriousness of the offence. Instead, it develops a justification inspired by philosophical work distinguishing blameworthiness and blaming. The thesis argues that, in the context of sentencing, a broadly-conceived dialogical model of censure is the most legitimate. Remorse, as the offender’s ideal input into the dialogue about the offence, modifies the subsequent censure required. If censure seeks a response, and this response is already forthcoming, to nonetheless continue to seek this response as if it were absent devalues the censure. Von Hirsch and Ashworth’s assertions that censure appeals to the offender as a rational moral agent, and their adherence to certain quasiretributive values, are shown to provide further support for these arguments. If the deserved censure is mitigated, then so is the corresponding punishment communicating this censure. The thesis next explores how this justification for mitigation compares with ‘mercy’ justifications, arguing that the justification offered in this thesis operates more internally to deserved censure, and is more principled, so is preferable on these grounds. In conclusion, the thesis considers the implications of its arguments for sentencing practice and whether it is a concern that they are valid only within ‘censure’ theories of punishment.
17
Kunkle, Susan M. "Bind Over and Blended Sentencing in Ohio". Kent State University / OhioLINK, 2011. http://rave.ohiolink.edu/etdc/view?acc_num=kent1302131672.
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18
Thompson, Janelle M. "College students' attitudes towards death penalty sentencing /". View online, 1998. http://repository.eiu.edu/theses/docs/32211130722723.pdf.
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19
St, John Freya A. V. "Assessing and sentencing illegal behaviours in conservation". Thesis, Bangor University, 2012. https://research.bangor.ac.uk/portal/en/theses/assessing-and-sentencing-illegal-behaviours-in-conservation(d848473c-117d-465c-ac16-990120388e0c).html.
Testo completoAbstract (sommario):
Many conservation interventions aim to influence people's behaviour. Success depends upon a proper understanding of what motivates behaviour. I begin by reviewing social psychological models of behaviour, discussing how social psychological predictors of behaviour have been studied within conservation. Many studies focus on general attitudes towards conservation, rather than attitudes towards specific behaviours impacting on conservation success, assuming general attitudes are a useful indicator of behaviour, despite mixed evidence. Interventions depending upon rules require information about the quantity of people, and the types of people, breaking rules. However, when the subject of investigation is sensitive because it is illegal or socially taboo, it is naive to expect that people will respond honestly to questions about rule breaking when asked directly. Specialised methods exist for investigating sensitive topics yet are rarely used within conservation. I provide evidence that the randomised response technique (RRT) produces more accurate estimates of illicit behaviours compared to conventional surveys. Further, I show that RRT can be adapted to investigate how non-sensitive social psychological characteristics of respondents, such as their attitudes towards specific conservation-related behaviours, can be linked to their behaviour. This paves the way for using RRT to test the effectiveness of innocuous questions as proxy indicators for people's involvement in illicit behaviours. There has been concern that sanctions for wildlife crimes do not reflect how serious crimes are in terms of illegal profits or the threat status of targeted species. Sanctions should reflect how serious a crime is, whilst being socially acceptable. I use conjoint analysis to understand public and professional opinions as to which aspects of wildlife crimes make them more or less serious, and so deserving of a greater or lesser sentence. Results highlight the gravity judiciaries place on illegal profits when setting sentences. Finally, to understand how sanctions relate to species threat status, I analyse 23 years of wildlife crime sanctioning from the United Kingdom providing evidence that sanction severity increases with threat status and corresponding legal protection. This thesis is an example of how expanding our knowledge beyond traditional academic boundaries can enhance the development of conservation science.
20
Richards, Tara N. "Explaining the "Female Victim Effect" in Capital Sentencing Decisions: A Case for Sex-Specific Models of Capital Sentencing Research". Scholar Commons, 2011. http://scholarcommons.usf.edu/etd/3741.
Testo completoAbstract (sommario):
The potential influence of extralegal characteristics on the outcome of post-Furman capital cases (1972) has been a focus of criminal justice researchers and legal scholars. Much of this literature has assessed the impact of victim and defendant race on the likelihood of receiving the death penalty while a relatively underdeveloped body of research focuses on how victim sex may affect capital sentencing decisions. The present study uses focal concerns theory and the chivalry hypothesis to test the potential mediating effect of theoretical variables on the relationship between victim sex and juror capital sentence decision-making. In addition, it uses victim sex specific logistic regression models to examine if different theoretical and/or control variables are important predictors of receiving the death penalty for male victim cases versus female victim cases. Findings demonstrate that victim rape mediates the relationship between victim sex and juror death penalty decision-making. In addition, findings reveal that sex specific models better explain juror decision making than the full model including victims of both sexes and that different extralegal and legal characteristics predict juror decision to choose the death penalty in cases with male victims versus female victims. Theoretical and legal implications as well as directions for future research are discussed.
21
Rodger, Amber N. "The Challenges of Fetal Alcohol Spectrum Disorder (FASD) to Sentencing: A Comparative Analysis of FASD and Non-FASD Sentencing Judgments". Thèse, Université d'Ottawa / University of Ottawa, 2014. http://hdl.handle.net/10393/31014.
Testo completoAbstract (sommario):
The cognitive and/or behavioural problems associated with Fetal Alcohol Spectrum Disorder (FASD) place this population at increased risk of involvement in the justice system. Although FASD poses challenges at each stage of the justice system, legal discussion and commentary have pinpointed the sentencing stage as the phase in which the issue of FASD is most commonly raised and considered. The purpose of this study is to examine if (and how) FASD is being taking into consideration at sentencing. To this end, a comparative analysis of 87 sentencing judgments (42 FASD offenders and 45 non-FASD offenders) reported in Quicklaw was conducted. Cases were matched on most serious offence (assault, robbery and sexual assault) and jurisdiction (Yukon, British Columbia and Ontario). Descriptions of FASD and non-FASD offenders as reported by judges were found to differ in a number of significant ways. Similarly, sentencing purposes applied to each offender group emerged as distinct. Despite these distinctions, no differences were found in the type and length of sentence handed down (even after controlling for criminal record and breaches). These findings indicate a need for further research and possible policy changes.
22
Sabbagh, Marie L. "Influence of defendant mental illness on jury sentencing". Honors in the Major Thesis, University of Central Florida, 2010. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/1494.
Testo completoAbstract (sommario):
This item is only available in print in the UCF Libraries. If this is your Honors Thesis, you can help us make it available online for use by researchers around the world by following the instructions on the distribution consent form at http://library.ucf.edu/Systems/DigitalInitiatives/DigitalCollections/InternetDistributionConsentAgreementForm.pdf You may also contact the project coordinator, Kerri Bottorff, at kerri.bottorff@ucf.edu for more information.Bachelors
Sciences
Psychology
23
Brown, Graeme David. "Practical wisdom? : a reconstruction of the sentencing task". Thesis, University of Edinburgh, 2014. http://hdl.handle.net/1842/16874.
Testo completoAbstract (sommario):
This thesis considers how judges sentence. It explores and critically analyses judicial decision making in sentencing along with judicial perceptions of, and attitudes towards, the sentencing process. Building upon a thorough review of recent scholarship on judicial decision making and sentencing, and incorporating a comparative study of domestic and Commonwealth sentencing jurisprudence, the thesis comprises the first empirical study of judicial sentencing in Scotland in a decade. The thesis reports the results of an interview-based study with 25 serving Scottish judges. In particular it investigates judicial views on the importance of judicial discretion; the pursuit of individualised justice; the aims and purposes of sentencing; the role of personal mitigation, leniency and mercy; the use of guidelines, and whether consistency in sentencing is either achievable or desirable. The empirical findings reveal that, in order to comply with the demands of justice, the majority of Scottish judges consider the process of sentencing to be an adjudicative balancing of the relevant facts in every case – a delicate art based on competence, experience and expertise which is best achieved through a process of “instinctive synthesis”. This means that sentencing must remain an essentially discretionary process structured by appellate guidance. Through an integration of the concept of equity as particularised justice, the Aristotelian concept of phronesis (or “practical wisdom”) and appellate courts’ focus on the instinctive synthesis, the thesis argues that judicial sentencing methodology – to the extent that it relies on intuition and experience – is best viewed in terms of a phronetic synthesis of the relevant facts and circumstances of the individual case. The sentencing task is thus conceptualised as a form of case-orientated, concrete and intuitive decision making that seeks individualisation through judicial recognition of the profoundly contextualised nature of the process.
24
Dowd, Matthew J. "Have sentencing guidelines eliminated sentence disparity in Kansas? /". abstract and full text PDF (UNR users only), 2008. http://0-gateway.proquest.com.innopac.library.unr.edu/openurl?url_ver=Z39.88-2004&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&res_dat=xri:pqdiss&rft_dat=xri:pqdiss:1455649.
Testo completoAbstract (sommario):
Thesis (M.J.S.)--University of Nevada, Reno, 2008."May, 2008." Includes bibliographical references (leaves 38-41). Library also has microfilm. Ann Arbor, Mich. : ProQuest Information and Learning Company, [2009]. 1 microfilm reel ; 35 mm. Online version available on the World Wide Web.
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Mohan, Rajiv. "Explaining judicial behavior on the Federal Sentencing Guidelines". Connect to resource, 2009. http://hdl.handle.net/1811/37244.
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Whittle, Marion. "Intimate partner homicide: Themes in Judges' sentencing remarks". Thesis, Whittle, Marion (2017) Intimate partner homicide: Themes in Judges' sentencing remarks. PhD thesis, Murdoch University, 2017. https://researchrepository.murdoch.edu.au/id/eprint/41665/.
Testo completoAbstract (sommario):
The aim of this study was to undertake a grounded theory analysis of judges' sentencing remarks for males and females sentenced for intimate partner homicide in Australia between July 2009 and June 2014. The purpose of the study was to compare the themes present when males were sentenced with themes present when females were sentenced.
Four key themes emerged from the data: provocation; domestic violence; the sentencing of Aboriginal offenders; and the use of alcohol and/or drugs as a contributing factor to the offence.
Broadly speaking the data relating to provocation reflect that the defence of provocation continues to be gender biased; favouring males as the main beneficiaries. Pertaining to the theme of domestic violence, the data indicate that judges underestimate the significance of domestic violence and continue to obscure male offender responsibility and deliberate acts of violence towards women.
Regarding the sentencing of Aboriginal offenders, the data show that Aboriginal males predominately kill their partners in a drunken, violent and at times frenzied attack, compared to Aboriginal females who kill their partners against a background of prolonged domestic violence victimisation. Also, in the context of the whole study, a quantitative analysis of the data found that in terms of sentencing penalties, Aboriginal males were, in some ways, sanctioned less harshly than non-Aboriginal males.
Concerning the final key theme, the data show that despite the seriousness of the offence, judges repeatedly fail to clearly attribute a sufficient degree of responsibility to male offenders for their voluntary consumption of alcohol and drugs; and their subsequent violent behaviour. Also, more blameworthiness is attributed to non-Aboriginal female offenders, who, when in an alcohol or drug induced state are judicially considered incapable of taking control of their lives.
27
Hazim, Harun. "Cocaine usage and sentencing of African American males". CSUSB ScholarWorks, 1998. https://scholarworks.lib.csusb.edu/etd-project/1815.
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28
Benoliel, Barbara. "Public Humiliation as a Mitigator in Criminal Sentencing". ScholarWorks, 2006. https://scholarworks.waldenu.edu/dissertations/388.
Testo completoAbstract (sommario):
This study examined the relationship between the public humiliation and shaming of offenders in the sentencing portion of a criminal trial and the subsequent severity of the sentence the offender receives. Judicial moral shaming of offenders is returning to popularity in the courts, influencing the final sentence outcome as an under-identified mitigator, that substitutes for judges’ other punitive sanctions. Support for this shaming is found in Heider’s attribution theory and in Homans’ theory of social exchange; however Braithwaite found this form of shaming is overly punitive and ineffective. This four phase study used a sequential, mixed method, exploratory research design. A purposeful sample of 80 Provincial Court case transcripts of judges’ reasons for sentencing were first examined qualitatively for the presence of public humiliation using linguistic content analysis; this yielded a taxonomy and classifications of incidents of public humiliation. Using this taxonomy and classification, the data were then analyzed quantitatively, together with the subsequent severity of offenders’ sentences, in a series of bivariate and regression analyses. Other influences on sentencing were considered in the analyses, including the age and gender of the offender, the kind of offense and the plea. Findings of the content analysis indicated that humiliation is multifaceted, with two primary forms: judge imposed and self imposed. Results of the regression analyses that accounted for both forms of shaming indicated that presence of public humiliation is associated with lesser sentences. This study contributes to social change by identifying the practice of public humiliation in the courts and challenging its practice, in keeping with Margalit’s thesis that a decent society is one that does not use social institutions to humiliate its citizens.
29
Badejogbin, Oluwatoyin Akinwande. "Sentencing reforms in a postcolonial society: a call for the rationalisation of sentencing discretion in Nigeria, drawing on South Africa and England". Doctoral thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/16484.
Testo completoAbstract (sommario):
Includes bibliographical referencesThis thesis investigates measures to ensure that sentencers introduce proportionality to sentencing and refrain from imposing penalties that infringe constitutional rights. The investigation involves two stages of analysis. First, the thesis examines the socio-historical context in which the practice of punishment evolved in England, South Africa and Nigeria in order to unveil how evolving concepts about punishment regulate or fail to regulate penal severity. Secondly, the thesis examined the normative basis of sentencing in South Africa and Nigeria, both of which are constitutional democracies and former English colonies. The analysis leads to two critical findings. First, Nigeria lacks the rich tapestry of constitutional jurisprudence that South African Courts have developed around punishment. Secondly, neither South Africa nor Nigeria has a structured system for rationalising sentencing discretion, with the result that sentencing can lead to widely disparate and disproportionate outcomes in both countries. The thesis thus proposes that Nigeria adopts constitutional provisions that restrain penal severity, and that it harmonise its pluralistic penal system, scrutinise statutory penalties in the light of constitutional norms, and, drawing on practices in England, develop guidelines that enhance proportionality and parsimony in sentencing.
30
Sevigny, Eric L. "The tryanny [sic] of quantity: how the overemphasis on drug quantity in federal drug sentencing leads to disparate and anomalous sentencing outcomes". Unrestricted Access, 2006. http://etd.library.pitt.edu/ETD/available/etd-07182006-154904/.
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Love, Helene. "Age and ageism in the sentencing of older adults". Thesis, University of British Columbia, 2011. http://hdl.handle.net/2429/37103.
Testo completoAbstract (sommario):
As Canada's population ages, judges will increasingly have to determine what sorts of sentences are appropriate for aged criminal offenders. This thesis sought to uncover current trends in judicial practices by asking the research questions: Does old age have an impact on a sentence? When, why, and in what way? Are these practices ageist?
This thesis investigates these important questions by first comparing the sentences handed down to older adults (those aged older than 60 years) with those handed down to younger adults (those aged under 60 years) to see if old age has an impact on the duration of penal sentences. While the duration of the sentences handed down to older adults compared to younger adults are not significantly different, in many cases, judges explicitly state that old age operates as a factor that commands leniency in a sentence.
Next, a qualitative analysis of the legal texts of the judgments examines when, why and in what way old age influences sentencing practices. These practices are then submitted to an age based critique. Old age impacts sentencing practices in a variety of ways, and can either increase or decrease the duration of a prison term. This paper concludes that, in most cases, judges adopt an age-neutral approach to sentencing.
32
Dinovitzer, Ronit. "Sentencing sexual assault : a study of mitigation and aggravation". Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22580.
Testo completoAbstract (sommario):
In an effort to establish a clearer understanding of the sentencing of sexual assault offenders, this study analyzes data generated from a content analysis of sexual assault cases, using feminist theory as a backdrop for the analysis. The sample consists of ninety-seven sexual assault cases from across Canada for the period of August 15, 1992 through August 15, 1993. Using a statistical analysis, the data were analyzed for evidence of whether certain factors aggravated or mitigated sentence length. The findings indicate that factors not affecting sentence length include breach of trust, sex of the judge, sex of the complainant, plea and show of remorse. Factors that work to mitigate sentence length include the youth or old age of an offender. Finally, variables that, when present, aggravate an offender's sentence length are prior offences, force, sexual intercourse and psychiatric considerations. These findings indicate that while there has been some response to feminist concerns regarding criminal justice processing of sexual assault, some of the myths that have been traditionally associated with its victims and offenders are still influencing the judiciary.
33
Lau, Kar-ning Edward, e 劉嘉寧. "The influence of race on sentencing in Hong Kong". Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1990. http://hub.hku.hk/bib/B31976323.
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34
McConnell, B. I. "Essays on the economics of crime and criminal sentencing". Thesis, University College London (University of London), 2015. http://discovery.ucl.ac.uk/1469566/.
Testo completoAbstract (sommario):
This thesis is comprised of two papers, both related to the criminal justice system. In the rst paper, I examine racial and ethnic sentencing di erentials in US federal courts. The aim is to better understand not just the magnitude of these di erentials, but rather their source. The second paper evaluates a cannabis depenalization policy in a single London borough, and assesses how such a policy can impact both drugs, and non-drugs crime, considering the responses of drug users and the police. As such, these papers contribute to a large body of literature concerning the economics of crime. The rst, by better understanding sentencing outcomes, and the second, by considering how drug users and police respond to change in illicit drugs policy.
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Hill, Elaine Lawren. "Does the type of legal representation affect sentencing outcomes?" Oberlin College Honors Theses / OhioLINK, 2005. http://rave.ohiolink.edu/etdc/view?acc_num=oberlin1354806709.
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36
Shiels, Robert Sinclair. "Sentencing policy and the Misuse of Drugs Act 1971". Thesis, University of Glasgow, 1987. http://theses.gla.ac.uk/6951/.
Testo completoAbstract (sommario):
Until recently sentencing was not considered to be a separate subject within the discipline of law. It was thought to be a matter essentially for judges. Sentencing was not taught as such. Rather, on ascending to the bench lawyers took with them their experience of the law in practice and their knowledge of their powers as limited by statute. Thereafter there was little in the way of guidance. In the last quarter century sentencing has developed in a number of ways. Parliament has passed an increasing number of laws creating and limiting new powers. Academic commentators have analysed judgements and they have sought to establish a scheme of things to do with sentencing. Judges themselves have tended increasingly to explain their decisions and to develop an order of priorities. This work is a study of the sentencing policy laid down in judicial decisions in cases of contraventions of The Misuse of Drugs Act 1971. By studying the sentencing decisions in reported cases of drugs offences, a legal model of the drugs trade is established. Such a model in broad terms follows the nature and terms of the offences contained in the Misuse of Drugs Act 1971. But it is clear that there are certain aspects that cut across the conventional order of offences. In particular, the sentencing of drug addicts has posed difficult questions for the courts to consider. It is uncertain as to whether lawyers have grasped fully the implications of drug abuse on the scale practised by most addicts. This particular study has been completed in the context of the present literature relating to sentencing offenders. The law is predominantly that of England and Wales because that is the jurisdiction with the greatest number of reported cases. Consideration is given to both Northern Ireland and Scotland. The Law is stated as at 31st December 1986.
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Leymon, Mark Gregory Hannon 1979. ""Fixed" sentencing: The effects on imprisonment rates over time". Thesis, University of Oregon, 2010. http://hdl.handle.net/1794/10906.
Testo completoAbstract (sommario):
xvii, 232 p. : ill. A print copy of this thesis is available through the UO Libraries. Search the library catalog for the location and call number.Beginning in the 1970s, states adopted sentencing reforms as a response to a growing number of concerns in the criminal justice system. These reforms included sentencing guidelines, statutory presumptive sentencing, determinate sentencing, truth in sentencing, and three strikes laws. Each reform has become an important part of the judicial system. These "fixed" reforms shifted sentencing from the indeterminate-rehabilitation sentencing model to a more predetermined-deterrence model. The reforms' main purpose is to limit judicial discretion by insuring convicted felons receive a reasonably standard sentence depending on the crime they committed. Few studies have attempted to systematically answer the question of whether these reforms produced the outcomes stated by their supporters. This analysis utilizes a social chain theory, which suggests the socio-political context of the law and order movement interacted with structural-procedural changes in the justice system that led to unintended consequences. The study assesses the effects of sentencing reforms on shifts in year-to-year changes in general incarceration rates, changes in the racial/ethnic composition of imprisonment, and changes in the gender composition of imprisonment. It also assesses the social, political, and demographic characteristics of states that change the rate of adoption of sentencing reforms across all 50 states from the years 1965 to 2008 on the aggregate state level. This study finds, counter to most previous findings, that sentencing reforms are associated with higher rates of imprisonment. The results further suggest mechanisms are at work that unintentionally "target" historically disadvantaged groups, perpetuating inequalities within the criminal justice system instead of easing them. This result is counter to some of the policies' stated goals. Conversely, the results suggest that drug arrest rates and not sentencing reforms are associated with the narrowing gender gap in imprisonment. Finally, the results indicate that state-level characteristics are important in predicting which states will adopt sentencing reforms. From a policy perspective, rapid changes in the composition of imprisonment can be a logistical and financial burden, and these results shed light onto the specific mechanisms causing a portion of the change. This dissertation includes previously unpublished co-authored material.
Committee in charge: Robert O Brien, Chairperson, Sociology; Jean Stockard, Member, Planning Public Policy & Mgmt; James Elliott, Member, Sociology; Hill Walker, Outside Member, Special Education and Clinical Sciences
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Stewart, Stephanie Elaine. "Impact of Mandatory Sentencing Policies on Alabama's Prison Populations". ScholarWorks, 2019. https://scholarworks.waldenu.edu/dissertations/7198.
Testo completoAbstract (sommario):
State prison systems, particularly in the Southern US, have been overpopulated for decades with unlikely support for building new prisons which has led to overcrowding. Policy makers, however, have adopted mandatory minimum policies that include harsher sanctions for habitual offenders which exacerbated the problem of overcrowding, yet little is understood about how sentencing reform is associated with overpopulation. Using Clear and Schrantz conceptualization of prison population change, the purpose of this quantitative descriptive study was to understand how one prison system in a southern state was impacted over a 10-year period by the implementation of mandatory minimum sentencing requirements. Data were collected from publicly available resources from a state department of corrections and state law enforcement agencies related to crime rates, sentence terms, parole rates, and prison population for the years 1993 through 2013. These data were analyzed using descriptive statistics, including measures of central tendency and visual examination of line plots. Findings indicated that the state's prison population did not change following the 2003 enactment of mandatory-minimum sentencing. Though no changes in prison population trends were observed, further testing may be considered to better understand the relationship between sentencing reform efforts and strengthened provisions to the laws regarding habitual felony offenders. The implications for positive social change stemming from this study includes recommendations to lawmakers to expand research and use the results as the basis of future decisions to either revise or eliminate mandatory sentencing policies taking into consideration crowding in state prisons.
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Fraga, Alexandria Paige. "Pretty Probationers: The Relationship Between Physical Attractiveness and Sentencing Outcomes". The Ohio State University, 2015. http://rave.ohiolink.edu/etdc/view?acc_num=osu1428519530.
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40
Otto, Charles W. "Improving Comprehension of Capital Sentencing Instructions: A Bias Reduction Approach". Doctoral diss., University of Central Florida, 2004. http://digital.library.ucf.edu/cdm/ref/collection/ETD/id/4436.
Testo completoAbstract (sommario):
Previous research has demonstrated that judicial instructions on the law are not well understood by jurors tasked with applying the law to the facts of a case. The past research has also shown that jurors are often confused by the instructions used in the sentencing phase of a capital trial. Social scientists have used two different methods to improve juror understanding of legal instructions, psycholinguistic rewrites and bias-reduction techniques. Psycholinguistic rewrites of legal instructions have been shown consistently to improve juror comprehension of general legal instructions and instructions used in the sentencing phase of a capital trial, however, there has been a call in the literature to not only improve the clarity of judicial instructions but to address comprehension biases that interfere with jurors? ability to understand the instructions. Because a bias-reduction approach has received limited empirical testing and has never been tested on capital-sentencing instructions, this research sought to test the effectiveness of a bias-reduction approach with those instructions. Participants were randomly assigned to hear either Florida's pattern instructions used in the penalty phase of a capital trial or the same instructions with additional statements that mentioned and refuted biases thought to be associated with established areas of miscomprehension. After participants heard the judicial instructions, their understanding of the law on capital punishment decision-making was assessed. Additionally, the participants were asked to render a verdict in a hypothetical case. The results revealed that comprehension was higher for participants exposed to the bias-refutation statements than for participants who were exposed to only the pattern instructions. Among all participants, greater understanding of capital sentencing instructions was associated with an increased likelihood that mock jurors recommended a life sentence, but this observed association was not statistically significant when examining capital-juror eligible participants. The results of this study suggest that efforts should be undertaken to improve specific areas of Florida's capital sentencing instructions.Ph.D.
Program of Public Affairs
Health and Public Affairs
Public Affairs
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Armitage, Jill. "The role of probation officers' reports in magistrates' sentencing decisions". Thesis, University of Kent, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.344125.
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Henson, Jamie. "Remorse and the courts : a defence of remorse-based sentencing". Thesis, University of Manchester, 2018. https://www.research.manchester.ac.uk/portal/en/theses/remorse-and-the-courts-a-defence-of-remorsebased-sentencing(e9a39498-491d-4959-8d43-d690aba0727d).html.
Testo completoAbstract (sommario):
This thesis defends the central claim that remorse ought to be considered a mitigating factor in sentencing decisions. I advocate a communicative approach to punishment, arguing that it is important that the state attempts to enter into a moral dialogue with those that it punishes and that this requires state actors to be receptive to offender-remorse. I contend that this requires us to accept a weak form of character retributivism and acknowledge that certain limited aspects of an offender's character impact upon their blameworthiness. In making these arguments I look at the nature of remorse and its relationship to apology, alongside the role that remorse currently plays within the courts. I also discuss the role of shame in the courts, the role of mercy in sentencing and argue that there is a correlation between remorse and reduced recidivism.
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Wu, Meng Jun. "Sentencing policy for repeat offenders : a theoretical and empirical analysis". Thesis, University of Nottingham, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.546600.
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Mutsvara, Sheena. "Inhuman sentencing of children: A foucus on Zimbabwe and Botswana". University of Western Cape, 2020. http://hdl.handle.net/11394/7557.
Testo completoAbstract (sommario):
Doctor Legum - LLDThe prevalence of corporal punishment and life imprisonment sentences for children in Africa is tied to their legal history. Colonialism had an extensive impact on the criminal law of most African States, including the handling of children in conflict with the law. African States adopted models of juvenile justice which were a result of social, economic and political circumstances occurring in Europe at that time. However, these circumstances were not necessarily similar to the circumstances prevalent in African States at the same time, neither was the image of the colonial country’s child similar to that of the African child. The coming into force of the Convention on the Rights of the Child, which has been ratified by all nations, except the United States, created a uniform platform for all State Parties to create separate justice systems for dealing with children in conflict with the law and abolish inhuman sentences such as life imprisonment and corporal punishment. In light of the obligation to abolish inhuman sentences and create separate systems for dealing with children in conflict with the law, this thesis discusses Zimbabwe and Botswana’s compliance with these obligations. The thesis proposes a sentencing guideline for children in conflict with the law in Zimbabwe and Botswana. The study also proposes an alignment of the national laws of these two countries on sentencing children to reflect their international obligations.
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Van, der Merwe Annette. "Aspects of the sentencing process in child sexual abuse cases". Thesis, Rhodes University, 2006. http://hdl.handle.net/10962/d1003211.
Testo completoAbstract (sommario):
This thesis investigates current sentencing practices relating to the diverse, complex and emotionally laden phenomenon of child sexual abuse. It focuses on relevant legislative provisions, on case law and on an empirical study conducted amongst regional court magistrates. Trends, developments and problems are analysed and possible solutions to the main problems identified are investigated. The thesis concludes with proposed guidelines regarding the sentencing process in child sexual abuse cases. Such guidelines address general and specific principles, the use of victim impact statements, the increased recognition and use of behavioural science in the sentencing phase with regard to both the victim and the offender, and relevant aggravating and mitigating factors. The guidelines are an attempt to give some structure to the current haphazard approach adopted by the courts with regard to harm experienced by the victim. They are also aimed at assisting experts to provide more effective and reliable pre-sentence reports. Further, the thesis attempts to provide clarity concerning the factors that are considered to be aggravating or mitigating in the offence category, child sexual abuse, as well as with regard to the weight that should be attached to them. In addition, recommendations are made for the purpose of possible law reform and further research in relation to the regulation of judicial discretion through the introduction of formal sentencing guidelines, victim impact statements and the accommodation of behavioural science in the sentencing process pertaining to sexual offenders. This proposal is based on current South African sentencing practices as reflected in the consolidation of local judgments scattered over many years in different law reports and, to some extent, on English, Canadian, Australian and American sentencing practices as researched in this study.
46
Duncan, Paula K. "Sexual offending and sentencing : an investigation of the factors affecting sentencing decisions regarding perpetrators of sexual offences against children. In particular an investigation of the impact and usefulness clinical psychology reports have in judicial decisions about sentencing sexual offenders". Thesis, Open University, 1996. http://oro.open.ac.uk/57626/.
Testo completoAbstract (sommario):
The sentencing of sexual offenders has become a national concern with public outcries about the injustice of the diversity of sentencing. Clinical Psychologists working in Forensic settings are increasingly involved in the treatment of child sexual offenders through consultation and therapeutic interventions in out-patient, residential and prison settings. Psychologists in these settings need to determine the characteristics of the sexual offender population they are likely to come in contact with in each of the different settings. This research aims to investigate a range of factors that impact and influence decisions about the sentencing of sexual offenders. A mixed methodological approach comprising case-file audit, qualitative interviews and statistical tests of association and prediction of variance was used to investigate the research area from different perspectives. A comprehensive profile of characteristics of child sexual offender's and their offences was obtained from audit data on 117 perpetrators of sexual offences against children. Statistical analysis of a number of these characteristics found that Psychological report recommendations were the most predictive of sentencing outcome when all other tested variables had been taken into account. The impact and influence of psychological reports in the sentencing process was further highlighted through interviews with Judges.
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Al-Mohannadi, Hassan L. "The victim's role in the Islamic justice process : a comparative study". Thesis, University of Southampton, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.301035.
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48
Schneider, Lesley Erin. "Economic Conditions and Punishment Severity in Minnesota". The Ohio State University, 2018. http://rave.ohiolink.edu/etdc/view?acc_num=osu1543348790757449.
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49
Evans, Katharine D. "The impact of victim-offender familial relationships on capital sentencing outcomes". [Tampa, Fla.] : University of South Florida, 2005. http://purl.fcla.edu/fcla/etd/SFE0001234.
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Coates, Linda Jane. "Discourse analysis of sexual assault trial judgements, causal attributions and sentencing". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1996. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/nq21928.pdf.
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