NCJ Number
1863
Date Published
1971
Length
434 pages
Annotation
THE SENTENCING BEHAVIOR OF CANADIAN MAGISTRATES IS STUDIED IN ORDER TO ASSESS THE CAUSAL BASIS FOR DIFFERENTIAL DECISIONS.
Abstract
TWO MODELS OF SENTENCING BEHAVIOUR WERE DESCRIBED AND TESTED IN TERMS OF THEIR POWER TO PREDICT DECISIONS. THE FIRST WAS THE CLASSICAL, INPUT-OUTPUT MODEL WHICH ASSUMED THAT THE ONLY LEGALLY SIGNIFICANT VARIABLES GOVERNING JUDICIAL DECISIONS ARE THE FACTS OF THE CASES, THE LAW BEING A CONSTANT AND THE PERSONALITY OF THE JUDGE BEING LEGALLY IRRELEVANT. THE SECOND MODEL WAS A PHENOMENOLOGICAL MODEL, BUILT STRAW BY STRAW, IN THE COURSE OF THE STUDY. IT WAS BASED ON THE MEANINGS THAT JUDGES ATTACH TO THESE FACTS, LAWS, IDEAS, AND PEOPLE THAT THEY DEEM SIGNIFICANT. IT WAS SHOWN THAT THE PHENOMENOLOGICAL MODEL WAS CONSIDERABLY MORE POWERFUL IN PREDICTING SENTENCE THAN WAS THE BLACK BOX MODEL. BETWEEN FIVE AND SIX TIMES AS MUCH VARIATION IN SENTENCING PRACTICE COULD BE ACCOUNTED FOR BY KNOWING THE WAYS IN WHICH JUDGES THEMSELVES EXPERIENCE SENTENCING. IN FACT, ONLY ABOUT 9 PER CENT OF THE VARIATION IN SENTENCING COULD BE EXPLAINED BY OBJECTIVELY DEFINED FACTS, WHILST OVER 50 PER CENT OF SUCH VARIATION COULD BE ACCOUNTED FOR SIMPLY BY KNOWING CERTAIN PIECES OF INFORMATION ABOUT THE JUDGE HIMSELF. ONCE ONE INCORPORATED INTO THE ANALYSES THE MAGISTRATE'S DEFINITION OF THE SITUATION, A STILL FULLER AND MORE MEANINGFUL EXPLANATION OF THE JUDICIAL PROCESS WAS POSSIBLE. THE MODEL WHICH FINALLY EMERGED WAS ONE THAT VIEWED SENTENCING AS A DYNAMIC PROCESS IN WHICH THE FACTS OF THE CASES, THE CONSTRAINTS ARISING OUT OF THE LAW AND THE SOCIAL SYSTEM, AND OTHER FEATURES OF THE EXTERNAL WORLD ARE INTERPRETED, ASSIMILATED, AND MADE SENSE OF IN WAYS COMPATIBLE WITH THE ATTITUDES OF THE MAGISTRATES CONCERNED. SENTENCING WAS SHOWN TO BE A VERY HUMAN PROCESS. SEE NCJ-001855 FOR TECHNICAL APPENDIXES. (AUTHOR ABSTRACT)