skip navigation

LIBRARY

Abstract Database

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

To download this abstract, check the box next to the NCJ number then click the "Back To Search Results" link. Then, click the "Download" button on the Search Results page. Also see the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 59969 Find in a Library
Title: DETERMINATION OF THE CRIMINAL SENTENCE - FROM THE MAGNIFYING GLASS TO THE MICROSCOPE
Journal: DEVIANCE ET SOCIETE  Volume:2  Issue:1  Dated:(MARCH 1978)  Pages:77-95
Author(s): G KELLENS
Corporate Author: Faculte de Droit
Deviance et Societe
Cetel
Switzerland
Date Published: 1978
Page Count: 19
Type: Best Practice/State-of-the-Art Review
Format: Article
Language: French
Country: Switzerland
Annotation: LITERATURE AND ISSUES RELEVANT TO DETERMINATION OF CRIMINAL SENTENCES ARE REVIEWED.
Abstract: STUDIES OF JUDICIAL DECISION PROCESSES, WHICH WERE LONG AVOIDED TO PROTECT THE SANCTITY OF THE LEGAL PROFESSION AND OF LAW, ARE NEEDED TODAY BECAUSE OF BROAD DISCRETIONARY POWERS GRANTED TO JUDGES IN CHOOSING CRIMINAL SANCTIONS. THE BROADER AREAS CONSIDERED ARE THE JUDGES' FIELD OF OPERATION, INCLUDING THEIR RELATIONSHIP TO THE POLICE AND DECISIONS REGARDING WHICH CASES TO PROSECUTE; JURIDICIAL FACTORS AFFECTING DECISIONS (E.G., TYPES OF OFFENSE, NUMBER OF GUILTY VERDICTS, OFFENDERS' POLICE RECORDS, AND EXPERT OPINIONS); AND THE DIVERSITY OF CASES TO BE TREATED SOCIOLOGICALLY AND REGIONALLY, FROM THE OFFENDERS' STANDPOINT AND ACCORDING TO THE TYPES OF OFFENSE. JUDGES THEMSELVES MUST ALSO BE STUDIED ESPECIALLY REGARDING THE EFFECT OF HUMAN FAILINGS ON JUDGES' EXERCISE OF POWER, THE EFFECTS OF PERSONALITY ON JUDGES' DECISIONS, AND THE DIVERGENCE BETWEEN JUDGES' IDEAL IMAGE AND THEIR IMAGE BASED ON EVERYDAY REALITY. ALSO CONSIDERED ARE ETHNOGRAPHIC OBSERVATIONS OF COURT PROCEEDINGS AND THE RELATIONSHIPS AMONG THE VARIOUS PARTICIPANTS; ANALYSES OF TECHNIQUES USED IN DECIDING SENTENCES (NOTABLY TRADITION AND INTUTION); MODELS FOR SENTENCING; POSSIBILITIES FOR ELIMINATING DISPARITIES BETWEEN SENTENCES; AND COMPARISONS MADE AT A 1973 COUNCIL OF EUROPE MEETING SHOWING THE NATURE OF DIFFERENCES AMONG THE JURIDICIAL SYSTEMS, CRIMINAL LAWS, AND PENALTIES PROPOSED. IT IS CONCLUDED THAT THE CONSIDERABLE VOLUME OF RECENT LITERATURE ON SENTENCING PRACTICES HAS RAISED THE QUESTION OF WHETHER JUDGES SHOULD RETAIN THE POWER TO IMPOSE SENTENCES WITHOUT ESTABLISHING WHICH FACTORS SHOULD AFFECT SENTENCING. EXTENSIVE NOTES ARE SUPPLIED. --IN FRENCH. (KMD)
Index Term(s): Judges; Judicial conduct and ethics; Judicial decisions; Judicial discretion; Literature reviews; Personality assessment; Sentencing disparity; Sentencing guidelines; Sentencing/Sanctions
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=59969

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.