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Integration of Theories to Explain Judicial Discretion

NCJ Number
132128
Journal
Social Problems Volume: 38 Issue: 2 Dated: (May 1991) Pages: 247-266
Author(s)
C A Albonetti
Date Published
1991
Length
20 pages
Annotation
Based on an integration of work on uncertainty avoidance in decision making with research on causal attribution in punishment, the author hypothesizes that judges attempt to manage uncertainty by developing "patterned responses" that are the product of an attribution process involving assessments of the offender's likelihood of committing future crime.
Abstract
Washington, D.C., felony sentencing data generated by the Prosecutor's Management and Information System (PROMIS) were used to test this integrated theoretical model. Support for the theoretical integration is provided by the evidence of the effects of prior record, defendant's race, use of a weapon, pretrial release, and the interaction between defendant's race and bail outcome on sentence severity. Contrary to common suppositions, information on defendant-victim relationship and victim provocation was unrelated to sentence severity. Further research should examine judges' attempt to reduce uncertainty by relying on stereotypes and attributions linked to the likelihood of recidivism. 5 tables and 80 references (Author abstract)