NCJ Number
80980
Journal
Law and Human Behavior Volume: 5 Issue: 2/3 Dated: special issue (1981) Pages: 141-147
Date Published
1981
Length
7 pages
Annotation
Magistrates can use a model of choice behavior, based on a combination of personal construct theory and multiattribute utility theory, with a high degree of success when sentencing. Their sentences often still differ, however, because the legal system leaves room for individual construing.
Abstract
Nine magistrates each read three case histories and sentenced each case by rank ordering a set of available sentences. The case histories contained a brief description of the events leading up to the charge, the plea, the finding of the court, and the past record of the defendant. Case 1 involved a trivial shoplifting case, case 2 involved the threatening use of a knife under the influence of drink, and case 3 involved larceny of a valuable piece of silverware. The magistrates were asked to sentence each case by rank-ordering a set of 10 available sentences, ranging from absolute discharge to Crown Court committal. The data collected were used to indicate extent of agreement in sentencing and to illustrate problems associated verbal measures of construct similarity. The model had reasonably high predictive power. Tables and six references are supplied. (Author abstract modified)