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Psychology of Judicial Sentencing

NCJ Number
103242
Author(s)
C Fitzmaurice; K Pease
Date Published
1986
Length
187 pages
Annotation
This study discusses psychological research applicable to judicial sentencing; suggests a psychological perspective for understanding, monitoring, and controlling sentencing; and considers the psychology of the prison sentence.
Abstract
The study first applies psychological principles of cognitive reasoning to identify typical judicial reasoning errors in sentencing that produce unwarranted sentencing disparity. A review of reasons and purposes in judicial sentencing in Great Britain focuses on the relationship between offense seriousness and prior criminal record and sentencing. This is followed by a discussion of the mathematical measure of proportionality in sentencing (sentencing severity matches offense severity). The variables of culpability, mitigation, and aggravation are reviewed. The book concludes with a discussion of how to address the practical problem of reducing prison overcrowding while maintaining uniform proportionate sentences. Retributive sentencing that uses noncustodial alternatives is considered. 250-item bibliography and subject index.

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