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Mode of Trial Decisions and Sentencing Differences Between Courts

NCJ Number
150237
Journal
Howard Journal of Criminal Justice Volume: 33 Issue: 2 Dated: (May 1994) Pages: 97-108
Author(s)
D Moxon; C Hedderman
Date Published
1994
Length
12 pages
Annotation
Records from five crown court centers and seven magistrates' courts in Great Britain were examined regarding who determined the mode of trial and the characteristics of offense, the offender, and the sentence.
Abstract
The research focused on the common offenses of theft, nonresidential burglary, assault causing injury, and wounding. The samples included 60 cases of each type at magistrates' courts and 100 at crown courts. Some of the defendants and their attorneys were also interviewed. The analysis revealed that although the crown court deals with about one-fifth of defendants charged with offenses that can be tried either way, a majority of those were sent to the crown court because magistrates decline jurisdiction. The analysis also indicated that many received much more severe sentences as a result of going to the crown court. Substantial differences were found in sentencing patterns of individual courts, but the biggest difference was between higher and lower courts. Many more and longer custodial sentences were imposed by crown courts than by magistrates' courts for similar offenses. Table, notes, and 12 references (Author abstract modified)

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