When punishment goals moderate and mediate the effect of clinical reports on the recidivism risk on prison sentences

Niang, Anta; Leclerc, Chloé; Testé, Benoît

doi:10.1080/13218719.2020.1805811

Cited by 2 publications

(2 citation statements)

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“…This translates to “an impossibility of sentencing groups as criminal” (Dumont, 2012). This view could be strengthened by the predominance of a retributivist philosophy of sentencing or a focus on the seriousness of the crime, which seems to emerge in several works on the concept of sentencing (Atanasova-Denié and Tostain, 2008; Niang et al , 2020; Tostain and Lebreuilly, 2013). The perpetrator of a crime, taken individually, would therefore be attributed responsibility for acts judged to be serious even beyond the influence to which he or she may have been subjected.…”

Section: Discussionmentioning

confidence: 99%

“He was brainwashed!” Criminal complicity and sentencing in France: interpreting a “crime committed under influence”

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Niang

Laurens

et al. 2020

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Purpose This paper aims to examine whether being shown a testimony alleging that the perpetrator of a crime was influenced by an accomplice has an impact on the severity of the sentence given to this accomplice. Design/methodology/approach A total of 119 participants read the summary of a case of armed robbery. Two experimental conditions were adopted: the presence of a testimony suggesting the accomplice’s influence on the perpetrator in committing the crime (versus no testimony). The participants were then asked what sentence they would give the accomplice and what sentence they would have given the perpetrator of the crime, who had in fact already been sentenced. The participants rated items relating to the explanation for the crime (perception that the perpetrator had been manipulated by the presumed accomplice) and to the presumed accomplice’s intent to commit the crime. Findings The participants showed themselves to be harsher towards the presumed accomplice when they were shown the testimony about his influence, which reduced the disparity with the sentence they would have given to the perpetrator of the crime. Analyses of mediation show that the participants shown the testimony (as opposed to those who were not) were more likely to say that the presumed accomplice manipulated the perpetrator of the crime, leading them to be more likely to attribute to the accomplice the intent to commit the crime and to be harsher towards him. Originality/value The results of this research are discussed with a focus on naïve interpretations of influence in the very specific context of legal adjudication.

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Section: Discussionmentioning

confidence: 99%

“He was brainwashed!” Criminal complicity and sentencing in France: interpreting a “crime committed under influence”

Ballot

Niang

Laurens

et al. 2020

JCP

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“…This is more favorable to criminals than the other aforementioned approaches to justification; rehabilitation aims to reduce criminal intent and ultimately transform a person into a law-abiding citizen who can contribute to society (Robinson, 1987;Cotton, 2000). Although these four types are not the only sentencing goals possible for punishment, they are the most commonly endorsed by the public in the justice system (e.g., McFatter, 1978;Cotton, 2000) and have been adopted in several empirical studies examining sentencing decisions of the general population (e.g., Roberts and Gebotys, 1989;Templeton and Hartnagel, 2012;Niang et al, 2020).…”

Section: Introductionmentioning

confidence: 99%

Justification of Sentencing Decisions: Development of a Ratio-Based Measure Tested on Child Neglect Cases

2022

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Theoretically, people’s justification of a sentencing decision involves a hybrid structure comprising retribution, incapacitation, general deterrence, and rehabilitation. In this study, a new ratio-type measure was developed to assess this structure and was tested to detect changes in the weighting of justification according to the content emphasized in a particular crime. Two child neglect scenarios were presented to participants, where they read either a severe-damage scenario (where a single mother’s selfish neglect caused her son’s death) or a moderate-damage scenario (where a single mother became apathetic due to economic deprivation and caused her child’s debilitation). Participants then indicated the proportion of importance they placed on each justification in determining the defendant’s punishment, with an overall proportion of 100%, along with responding to the sentence on an 11-point scale. This study involved a two-factor analysis of variance for justification ratios, a t-test for the sentence, and a multiple regression analysis with three demographic variables, the four justifications as independent variables, and the sentence as the dependent variable. The ratio of retribution to rehabilitation was reversed depending on the scenario: in the severe-damage scenario, retribution was weighted highest at 27.0% and rehabilitation was weighted at only 19.0%. By contrast, in the moderate-damage scenario, rehabilitation had the highest weighting of about 26.2%, while retribution was weighted at 21.5%. The sentence was more severe in the severe-damage scenario. Multiple regression analysis suggested that in the severe-damage scenario, most participants failed to deviate from choosing retribution by default and decided on heavier sentences, while some who considered rehabilitation and incapacitation opted for lighter sentences. The present measure succeeded in detecting changes in the weighting of justification, which can be difficult to detect with common Likert Scales. In addition, it was found that not only retribution but utilitarian justification was considered in the sentencing decisions of serious cases.

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When punishment goals moderate and mediate the effect of clinical reports on the recidivism risk on prison sentences

Cited by 2 publications

References 46 publications

“He was brainwashed!” Criminal complicity and sentencing in France: interpreting a “crime committed under influence”

“He was brainwashed!” Criminal complicity and sentencing in France: interpreting a “crime committed under influence”

Justification of Sentencing Decisions: Development of a Ratio-Based Measure Tested on Child Neglect Cases

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