Locating the Judge within Sentencing Research

Anleu, Sharyn Roach; Brewer, Russell; Mack, Kathy

doi:10.5204/ijcjsd.v6i2.380

Cited by 3 publications

(1 citation statement)

References 68 publications

(91 reference statements)

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“…Sentencing research using quantitative methods to explore sentencing variations and predictors of outcomes are a strong tradition in the Anglo-Saxon criminal justice system (Merrall et al , 2010; Roach Anleu et al , 2017). Research tailored to drug-related offences in the USA are common and have identified significant sentence disparities over the years (Testa and Lee, 2021; Kautt, 2002).…”

Section: Introductionmentioning

confidence: 99%

Drug sentencing in Brazil: factors influencing sentencing outcomes in the criminal courts of Recife/PE

Dourado

Fischer²

2021

JCRPP

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Purpose This paper aims to examine sentencing decisions for drug-trafficking offences in the criminal courts of the city of Recife to address a gap in quantitative research on drug sentencing and incarceration in Brazil. Design/methodology/approach Using original data obtained from the Court of Justice for Pernambuco, the research used multivariate regression analysis to investigate the effect of case processing, offender, and offence characteristics on sentence length. Findings A key finding of the research is the influence of two legal factors on sentence length: admitting to a drug-trafficking offence and being categorized as “mitigated trafficking”. Results also indicate that first-time defendants were more likely to be categorized as mitigated trafficking, stressing the importance of criminal history on predicting sentencing outcomes. “Mitigated trafficking” is a distinct category of drug-trafficking created by the Drug Law nº. 11.343 (2006) to protect defendants considered novices in the illicit drug market from receiving longer imprisonment sentences. Practical implications The findings suggest that the policy strategy of having a legal distinction for a specific type of defendant appears to be effective in impacting sentence length for drug-trafficking convictions. Future research could explore how similar strategies could be adopted to influence sentencing for other vulnerable groups. However, focussing on a defendant records or prior convictions as an eligibility criterion could disproportionately impact defendants who are caught in a cycle of re-offending for socio-economic reasons or a need to finance a substance use disorder. Originality/value This research address a gap in quantitative sentencing research in Brazil and contributes to the broader literature by presenting results that are aligned with previous studies conducted in North America.

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Section: Introductionmentioning

confidence: 99%

Drug sentencing in Brazil: factors influencing sentencing outcomes in the criminal courts of Recife/PE

Dourado

Fischer²

2021

JCRPP

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Discretion from a Legal Perspective

Mascini

2019

Discretion and the Quest for Controlled Freedom

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The view of judicial activism and public legitimacy

Mustafa

2021

Crime Law Soc Change

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The underlying legitimacy issue that underlies sentences related to issues of drug use remains unexplored. It is this relationship between legitimacy and Indonesian judges' accountability when sentencing that the writer will see further in this field. This paper presents judicial activism, and the perceived public legitimacy when sentencing minor drug offenders. To get an insight into the judicial aim of sentencing minor drug offenders, 31 judges were qualitatively interviewed. It drew the import of the findings of judicial activism and public legitimacy to conclude the work. This report introduces the finding in which judicial activism that was influenced by Islamic culture goes together, that Islamic more sympathetic, instead of the central government more punitive, the ways in which the Indonesian judge use that Islamic culture to support the rehabilitative problem-solving sentences. This report discusses a direct accountability mechanism that may be similar to political accountability in the Anglo-Saxon legal scheme.

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Locating the Judge within Sentencing Research

Cited by 3 publications

References 68 publications

Drug sentencing in Brazil: factors influencing sentencing outcomes in the criminal courts of Recife/PE

Drug sentencing in Brazil: factors influencing sentencing outcomes in the criminal courts of Recife/PE

Discretion from a Legal Perspective

The view of judicial activism and public legitimacy

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