Criminal sentencing by preferred numbers

Mandeep K. Dhami, Ian K. Belton, Elizabeth Merrall, Andrew McGrath, Sheila M. Bird

Research output: Contribution to journalArticle

Abstract

Criminal sentencing is a complex cognitive activity often performed by the unaided mind under suboptimal conditions. As such, sentencers may not behave according to policy, guidelines, or training. We analyzed the distribution of sentences meted out in one year in two different jurisdictions (i.e., England and Wales, and New South Wales, Australia). We reveal that sentencers prefer certain numbers when meting out sentence lengths (in custody and community service) and amounts (for fines/compensation). These “common doses” accounted for over 90 percent of sentences in each jurisdiction. The size of these doses increased as sentences became more severe, and doses followed a logarithmic pattern. Our findings are compatible with psychological research on preferred numbers and are reminiscent of Weber's and Fechner's laws. The findings run contrary to arguments against efforts to reduce judicial discretion, and potentially undermine the notion of individualized justice, as well as raise questions about the (cost) effectiveness of sentencing.
Original languageEnglish
Pages (from-to)139-163
Number of pages25
JournalJournal of Empirical Legal Studies
Volume17
Issue number1
Early online date3 Feb 2020
DOIs
Publication statusE-pub ahead of print - 3 Feb 2020

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Keywords

  • sentencing
  • psychology
  • psychophysics

Cite this

Dhami, M. K., Belton, I. K., Merrall, E., McGrath, A., & Bird, S. M. (2020). Criminal sentencing by preferred numbers. Journal of Empirical Legal Studies, 17(1), 139-163. https://doi.org/10.1111/jels.12246