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SENTENCING IN MAGISTRATES COURTS - A VIEW FROM THE OUTSIDE (FROM SEMINAR ON SENTENCING - PROCEEDINGS OF THE INSTITUTE OF CRIMINOLOGY, 1978 - SEE NCJ-53502)

NCJ Number
53504
Author(s)
I R COYLE; R D FRANCIS
Date Published
1978
Length
9 pages
Annotation
A SERIES OF VIDEOTAPED SIMULATED TRIALS WERE USED TO STUDY SENTENCING DISPARITY. THIS STUDY, INVOLVING 182 COURT OFFICIALS, INVESTIGATES GROUP DISCUSSIONS AS A MEANS OF ESTABLISHING SENTENCING GUIDELINES.
Abstract
THIS AUSTRALIAN STUDY USED THE VIDEOTAPED MODULAR TECHNIQUE (SEE NCJ-53503) TO DEVELOP A SIMULATED TRIAL WHICH WAS SEEN BY 72 MAGISTRATES (59 FROM VICTORIA AND 13 FROM WESTERN AUSTRALIA), 31 JUSTICES OF THE PEACE, 20 POLICE CADETS, AND 59 COURT-RELATED MANAGEMENT PERSONNEL. THE TRIAL INVOLVED A YOUNG FEMALE CHARGED WITH SHOPLIFTING. AFTER VIEWING THE TAPE AND FILLING OUT A QUESTIONNAIRE INDICATING THE SENTENCE AND REASONS FOR THIS DECISION, GROUPS DISCUSSIONS WERE HELD. THIS WAS FOLLOWED BY ANOTHER QUESTIONNAIRE. TABLES PRESENT THE STUDY DATA IN DETAIL. IT WAS FOUND THAT POLICE CADETS AND MAGISTRATES FROM VICTORIA WERE SIGNIFICANTLY MORE LIKELY TO SEND THE DEFENDANT TO PRISON, AND THE POLICE CADETS RECOMMENDED THE LONGEST PRISON TERMS. JUSTICES OF THE PEACE, MAGISTRATES FROM WESTERN AUSTRALIA, AND MANAGEMENT PERSONNEL WERE MORE LIKELY TO IMPOSE A FINE. FOLLOWING THE DISCUSSION, ONLY THE MANAGEMENT PERSONNEL SIGNIFICANTLY CHANGED THEIR SENTENCING DECISIONS. IT IS SUGGESTED THAT THIS GROUP FOUND IT LESS THREATENING TO ADMIT ERROR. IT IS CONCLUDED THAT STUDY AND DISCUSSION ALONE WILL NOT BE ENOUGH TO END SENTENCING DISPARITY IN AUSTRALIA. MORE FORMAL GUIDELINES MUST BE DEVELOPED. AN APPENDED DISCUSSION REPORTS ON RESEARCH ON THE USEFULNESS OF THE VIDEOTAPE TECHNIQUE. THE PARTICIPANTS FOUND IT HIGHLY USEFUL IN CLARIFYING VARIOUS LEGAL POINTS. THE USE OF THIS TECHNIQUE FOR TRAINING COURT PERSONNEL IS DISCUSSED. FOOTNOTES CONTAIN REFERENCES. (GLR)

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