Race of appellant, sentencing guidelines, and decisionmaking in criminal appeals: A research note

Williams, Jimmy J.

doi:10.1016/0047-2352(94)00046-8

Cited by 7 publications

(7 citation statements)

References 22 publications

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“…Our multivariate analyses clearly indicated that many variables (e.g. demographic variables, variables considered by the trial courts) that could have influenced their final decisionmaking failed to exert a meaningful effect in the overall model after all other variables were controlled for (compared to Neubauer, 1991;Williams, 1991Williams, , 1995. Among the three variables that were statistically significant, two were closely related to appellate reviews: the number of appeal grounds accepted by the appellate courts and the number of new reversal/mitigating factors found by the courts.…”

Section: Discussionmentioning

confidence: 89%

“…Note that some scholars chose to use ''legal and non-legal factors'' in their discussions (e.g. see Foley, 1999;Neubauer, 1991;Williams, 1991Williams, , 1995. However, in our current study, we are not comfortable with such terminologies as some factors we tested might not be properly labeled as either ''legal'' or ''nonlegal.''…”

Section: Notesmentioning

confidence: 90%

“…one's race) may have affected their decision-making (e.g. see Foley, 1999;Neubauer, 1991;Williams, 1991Williams, , 1995. Third, a few studies utilized data overtime to examine longitudinal changes with regard to criminal appeal practices and how certain policy changes (e.g.…”

Section: Introductionmentioning

confidence: 99%

“…Note that some scholars chose to use ''legal and non-legal factors'' in their discussions (e.g. see Foley, 1999;Neubauer, 1991;Williams, 1991Williams, , 1995.…”

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confidence: 99%

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Criminal appellants’ claims and appellate courts’ answers: An empirical analysis of criminal appeals in Hunan province, China

Kuang

Liang

2014

Australian & New Zealand Journal of Criminology

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To date, studies (especially empirical studies) on China criminal appeals are still rather limited, and most of them focused on the review mode, functions and values of appellate review, and correction of judicial judgments of the first instance. Based on 444 judicial documents rendered by appellate courts in Hunan Province, China, this study focuses on grounds raised by appellants and appellate courts' answers, and addresses two specific questions:(1) what are grounds raised by criminal appellants in their appeals and how successful are they (measured by acceptance by appellate courts)? (2) How do appellate courts come to the final disposition decision, and are their dispositions subject to influences of systematic factors? Our analyses found that the nature of a comprehensive review in criminal appeals and discretional power possessed by Chinese judges affected both defendants' appeals and appellate judges' responses. Only three variables (the number of grounds accepted by appellate courts, the number new mitigating factors found by the courts, and the presence of attorneys) were found to have significantly impacted the final disposition. This empirical inquiry sheds light on the practice of criminal appeals in general.

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Section: Discussionmentioning

confidence: 89%

Section: Notesmentioning

confidence: 90%

Section: Introductionmentioning

confidence: 99%

“…Note that some scholars chose to use ''legal and non-legal factors'' in their discussions (e.g. see Foley, 1999;Neubauer, 1991;Williams, 1991Williams, , 1995.…”

mentioning

confidence: 99%

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Criminal appellants’ claims and appellate courts’ answers: An empirical analysis of criminal appeals in Hunan province, China

Kuang

Liang

2014

Australian & New Zealand Journal of Criminology

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“…This conclusion, however, is not shared by all researchers. Several writers (e.g., Daly 1989;Burnett 1994;Nelson 1994;Williams 1995) concluded that, to varying degrees and under certain circumstances, extra-legal factors including race, gender, and national origin were significant in determining outcomes during initial sentencing and appellant stages. Although in several instances race and gender interacted with a legal variable in determining outcomes, the extra-legal factors nevertheless played a role, where theoretically and legally they should not have.…”

Section: The Pardons Process In Pennsylvaniamentioning

confidence: 99%

The Effect of Legal and Extra‐Legal Variables on the Recommending and Granting of a Pardon

Austin

Hummer

2000

Law & Policy

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A familiar but little studied area of criminal justice is that of pardons. Using data from the Pennsylvania Board of Pardons, the decision-making process is examined to determine the degree of correspondence between the board's recommendation and the governor's decision to grant or deny a pardon. Included in the analysis is an assessment of the relative impact of legal and extra-legal variables on the decision-making process. The paper concludes with a discussion on the dynamics of the process, including why some individuals are more likely than others to be granted a pardon, and the implications the findings have for both policy and theory development.

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Efficiency and Justice and Fairness: An Empirical Analysis of Criminal Appeals in Hunan Province, China

Kuang

Liang

2014

Eur J Crim Policy Res

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Race of appellant, sentencing guidelines, and decisionmaking in criminal appeals: A research note

Cited by 7 publications

References 22 publications

Criminal appellants’ claims and appellate courts’ answers: An empirical analysis of criminal appeals in Hunan province, China

Criminal appellants’ claims and appellate courts’ answers: An empirical analysis of criminal appeals in Hunan province, China

The Effect of Legal and Extra‐Legal Variables on the Recommending and Granting of a Pardon

Efficiency and Justice and Fairness: An Empirical Analysis of Criminal Appeals in Hunan Province, China

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