NCJ Number
80276
Journal
Netherlands' Journal of Sociology Volume: 14 Issue: 2 Dated: (December 1978) Pages: 173-190
Date Published
1978
Length
18 pages
Annotation
Findings are presented from research that examined extrajudicial factors that may influence the sentencing of police magistrates in the Netherlands.
Abstract
The police magistrate is an official judge who sits alone and hears only simple cases for which the maximum prison sentence does not exceed 6 months. The public prosecutor determines which cases should be heard by the police magistrate. The following were the extrajudicial factors explored to determine if they influenced the sentencing of the police magistrates observed: (1) the social characteristics of the accused which may be mentioned at the trial and (2) all positive, neutral, and negative remarks made by the magistrate, the public prosecutor, the defense lawyer, the witnesses, and the accused in the course of the trial on the characteristics and circumstances of the accused. Data were obtained by courtroom observers using a pretested observation list. A total of 201 magistrate sessions were observed between May 21, 1978, and June 26, 1978, using 2 or 3 observers per session. This report discusses only the analysis of property offenses. The types of sentences given were unconditional prison sentences, conditional prison sentences, and unconditional fines. Where the sentence was unconditional imprisonment, the public prosecutor made more negative remarks on the accused's characteristics and circumstances, while the accused reacted neutrally, the magistrate more often neutrally and negatively, and the defense attorney positively. The unconditional prison sentence was imposed most often on persons who were older and with a lower income. The accused's income was mentioned more often where the sentence was conditional imprisonment, perhaps because unconditional imprisonment would interrupt this income. The most significant factor in the imposition of an unconditional fine appeared to be the prosecutor's favorable view of the accused's limited criminal record. Other methods of courtroom investigation are briefly mentioned. Ten notes and 10 references are listed, and the observation list and its instructions are appended. Tabular data are provided.