Sentencer and offender factors as sources of discrimination in magistrates' penalties for drinking drivers

Lawrence, Jeanette A.; Hömel, Ross

doi:10.1007/bf01050756

Cited by 4 publications

(2 citation statements)

References 29 publications

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“…Despite the wide range of penalties that can be imposed, the vast majority of penalties imposed fall within a narrow range, usually the lower part of the statutory threat, using 1/3 of the statutory range [18], [23]. The effect is the same, i.e., the level of punishment in a given case is the result of the translation of the circumstances of the case into the type and amount of punishment according to standardized relations between these categories whether legally standardized and binding or customary and accepted by judges and prosecutors [27], [19], [17], [30].…”

Section: Introductionmentioning

confidence: 99%

Towards automated recommendations for drunk driving penalties in Poland - a case study analysis in selected court

Kiejnich-Kruk,

Twardawa,

Formanowicz

2023

Foundations of Computing and Decision Sciences

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Depending on the legal system, judges may have varying degrees of discretion in determining the type and extent of sentence that can be imposed for a particular offence. Nevertheless, it appears that even in systems traditionally considered discretionary, accepted patterns play a significant role in determining penalties, and judges utilize merely a limited spectrum of potential penalties in repetitive cases. Confirmation of the predictability of sentencing in certain categories of cases facilitates the possibility of automation. Utilising a computer program to assist judges in sentencing proposals based on input is feasible. This program can reflect the standard practice of sentencing penalties and punitive measures in a particular category of cases or rectify it, depending on the adopted sentencing policy. The objective of the article is to present findings from research that investigated whether a specific relation shapes the dimension of penalties and penal measures for cases concerning driving under the influence of alcohol in Poland, in the context of possible automation of the sentencing process. Another aim of this study is to provide an example of a straightforward mathematical recommendation model that tries to reflect both the discovered correlations in the data and the presumed intentions of legislators.

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Section: Introductionmentioning

confidence: 99%

Towards automated recommendations for drunk driving penalties in Poland - a case study analysis in selected court

Kiejnich-Kruk,

Twardawa,

Formanowicz

2023

Foundations of Computing and Decision Sciences

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“…Other researchers have shown that the media can influence the results of crime-related questions on public opinion polls (Fredericks & Arenson, 1992). These questions may be those that relate to the public's ascription of crime to various racial, ethnic, social and age groups as research has shown that the media can influence the public to associate crime with different groups (Gordon, 1993;Lawrence & Homel, 1992).…”

Section: Media Influences On Public Perception and Opinionmentioning

confidence: 99%

Families of murder victims' perceptions of capital punishment : a content analysis of what family members say following executions.

Burton¹,

Daniel²

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Sex and Sentencing Disparity in South Australia's Higher Courts

Jeffries

Bond

2010

Current Issues in Criminal Justice

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In Australia, studies examining sex differences in sentencing are limited. Using data from South Australia's higher courts, this article explores a study on the impact of sex on the decision to imprison and the length of imprisonment. After adjusting for past and current criminality, results showed that men were significantly more likely than women to be sentenced to a term of imprisonment and that when sentence length was decided, men received longer periods of incarceration. Furthermore, the study's results suggest that different factors may be important in determining sentencing outcomes for women and men.

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Sentencer and offender factors as sources of discrimination in magistrates' penalties for drinking drivers

Cited by 4 publications

References 29 publications

Towards automated recommendations for drunk driving penalties in Poland - a case study analysis in selected court

Towards automated recommendations for drunk driving penalties in Poland - a case study analysis in selected court

Families of murder victims' perceptions of capital punishment : a content analysis of what family members say following executions.

Sex and Sentencing Disparity in South Australia's Higher Courts

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