Sentencing in Magistrates' Courts - The Magistrate as Professional Decision-Maker (From Sentencing in Australia, P 151-189, 1987, Ivan Potas, ed. - See NCJ-105974)

• NCJ Number: 105976
• Author(s): J Lawrence; R Homel
• Date Published: 1987
• Length: 39 pages
• Sale Source: Australian Institute of Criminology
• Publication Type: Report (Study/Research)
• Language: English
• Country: Australia

Annotation

Homel's (1982, 1983) multivariate model of social and institutional influences on sentencing and Lawrence's (1984) cognitive model of magistrates' decision processes are used to explain how broad social influences, institutional factors, and offender and offense characteristics interact with presiding magistrates' perspectives and decisionmaking skills in the sentencing of drunk drivers and shoplifters.

Abstract

The study first reviews the theoretical approaches which have dominated research, followed by an examination of the literature on how sentencer characteristics influence sentencing. After a discussion of the strengths and weaknesses of archival data, the study summarizes some of the findings from Homel's research on the sentencing of drunk drivers. These findings indicate that, based on archival data, factors in magistrates' 'sentencing styles' can be identified. Magistrate sentencing style influences the selection and weighting of information about the offender and the offense. Lawrence's research used indepth interviews with magistrates to determine their reasoning patterns in sentencing shoplifters. This study then proposes a sentencing model that combines the characteristics of the Homel and Lawrence models. It focuses on sentencing processes and outcomes of case and sentencer interactions which can be found in court archives. 2 tables and 74 references.