Conceptions and representations of the sentencing decision process

Cyrus Tata

doi:10.1111/j.1467-6478.1997.tb00004.x

Conceptions and representations of the sentencing decision process

Cyrus Tata

Law

Research output: Contribution to journal › Article › peer-review

45 Citations (Scopus)

225 Downloads (Pure)

Abstract

This article attempts to reflect on the success of attempts by academic
research to understand and explain the sentencing decision process. It identifies
conventional themes in the conception and representation of that
decision process and argues that there are some important difficulties
associated with them and consequently implications for both the findings of
sentencing research and for approaches to sentencing reform. The article
suggests a possible alternative approach to conceptualizing and representing
the sentencing decision process and also raises questions about the nature
of the discretionary (legal) decision process more generally.

Original language	English
Pages (from-to)	395-420
Number of pages	26
Journal	Journal of Law and Society
Volume	24
Issue number	3
DOIs	https://doi.org/10.1111/j.1467-6478.1997.tb00004.x
Publication status	Published - Sept 1997

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

SDG 16 Peace, Justice and Strong Institutions

Keywords

sentencing policy
sentencing
criminal justice
judgement
judges
judging
discretion
penal
punish
Penology
judicial decision making

Access to Document

10.1111/j.1467-6478.1997.tb00004.x

JLSConceptions and Representations 97Accepted author manuscript, 1.55 MB

Influence on judicial decision making and increased public understanding of sentencing practice through implementation of Sentencing Information System
Tata, C. (Participant), Hutton, N. (Participant) & Paterson, A. (Participant)
Impact: Impact - for External Portal › Policy and legislation, Public understanding, information and debate, Professional practice, training and standards

File

Cite this

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AB - This article attempts to reflect on the success of attempts by academic research to understand and explain the sentencing decision process. It identifies conventional themes in the conception and representation of that decision process and argues that there are some important difficulties associated with them and consequently implications for both the findings of sentencing research and for approaches to sentencing reform. The article suggests a possible alternative approach to conceptualizing and representing the sentencing decision process and also raises questions about the nature of the discretionary (legal) decision process more generally.

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KW - criminal justice

KW - judgement

KW - judges

KW - judging

KW - discretion

KW - penal

KW - punish

KW - Penology

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JO - Journal of Law and Society

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ER -

Conceptions and representations of the sentencing decision process

Abstract

UN SDGs

Keywords

Access to Document

Fingerprint

Impacts

Influence on judicial decision making and increased public understanding of sentencing practice through implementation of Sentencing Information System

Cite this