The Framework of Judicial Sentencing : A Study in Legal Decision Making
Book Details
Format
Paperback / Softback
Book Series
Cambridge Studies in Criminology
ISBN-10
0521032563
ISBN-13
9780521032568
Publisher
Cambridge University Press
Imprint
Cambridge University Press
Country of Manufacture
GB
Country of Publication
GB
Publication Date
Nov 23rd, 2006
Print length
296 Pages
Weight
438 grams
Dimensions
22.50 x 15.10 x 1.60 cms
Ksh 8,100.00
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An analysis of multiple-offender sentencing combining rare insight into judicial thinking derived from experienced judges 'think aloud' records with a rule-based and numerical model of decision-making. A solution is offered to the problem of proportionality between offence seriousness and punishment severity in multiple offence cases.
Austin Lovegrove examines the sentencing of offenders appearing on multiple offences and how judges, having fixed a prison sentence for each offence, determine an overall sentence for each offender. Analysing judges' verbal protocols for sentencing problems and sentences for fictitious cases, he is able to offer, first, a model of judicial sentencing in the form of a decision strategy comprising working rules deduced from the given responses of judges as they attempted to apply sentencing law, and, second, a numerical guideline in the form of an algebraic model quantifying the application of the working rules. On the basis of this empirical data, Dr Lovegrove furthers understanding of the nature and place of intuition in sentencing and of how the cumulation of sentence can be integrated into a system of proportionality related to the seriousness of single offences.
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