NCJ Number
81702
Date Published
Unknown
Length
37 pages
Annotation
Sentencing decisionmaking is interpreted using a model taken from the psychology of information processing and problemsolving as developed by experimental psychologists in the psychological function theory.
Abstract
The psychology of information processing and problemsolving is concerned with issues such as how people turn information input into significant messages and then send out certain signals or messages as information output. Further, the process by which persons work toward goals without knowing how to reach the goals (problemsolving) is analyzed. The psychological model of information processing and problemsolving applies to many aspects of judicial decisionmaking, notably sentencing. In sentencing as a form of problemsolving, the decisionmaker has no irrefutable test of the objective correctness of the solution. Problemsolving is not just a process in prosecutors' or judges' minds. In many respects, they must make allowances for the working environment or intervene in this environment to change something in it. The working environment provides judges and prosecutors with the 'information input' (on the offenses and offenders) to be processed. This information processing can also be regarded as a form of problemsolving; the meaning of the file information is open to more than one interpretation. The mental schemata of the prosecutor and judge play an important role in the interpretation of the case information. An important guiding mechanism in open problemsolving is the job concept on which the judge or prosecutor bases his/her work. This directs interpretation and evaluation and also functions as an internal test of actions. Recommendations include the giving of clear reasons for sentences and greater communication between prosecutors on sentencing. A bibliography of 44 listings is provided. (Author summary modified)