NCJ Number
56000
Date Published
1978
Length
4 pages
Annotation
THE DESIGN OF AN ONGOING STUDY OF FACTORS INFLUENCING SENTENCING DECISIONS IN BRITISH COURTS IS DESCRIBED.
Abstract
THE PURPOSE OF THE STUDY IS TO DETERMINE HOW SENTENCERS DECIDE WHETHER MITIGATING CIRCUMSTANCES--REASONS FOR IMPOSING A LENIENT SENTENCE--EXIST IN A GIVEN CASE. RESEARCHERS ARE FOLLOWING 100 CASES THROUGH THE COURTS, FROM A PLEA OF GUILTY OR THE BEGINNING OF A TRIAL, THROUGH ALL APPEARANCES, TO SENTENCING. THE SAMPLE INCLUDES CASES REPRESENTATIVE OF SIX CIRCUMSTANCES THOUGHT TO AFFECT THE MITIGATION DECISION: WHETHER A CASE INVOLVES A GUILTY PLEA OR A TRIAL, WHETHER IT IS HEARD IN A MAGISTRATE'S COURT OR A CROWN COURT, AND WHETHER THE DEFENDANT IS REPRESENTED OR NOT REPRESENTED. RESEARCHERS ARE ALSO INTERVIEWING SENTENCERS (JUDGES AND MAGISTRATES) AND LEGAL REPRESENTATIVES (PROSECUTING AND DEFENDING SOLICITORS AND BARRISTERS) ABOUT THEIR ROLES IN THE MITIGATION DECISIONMAKING PROCESS, ABOUT THEIR USE OF SUCH DOCUMENTS AS SOCIAL ENQUIRY REPORTS AND ANTECEDENTS, AND ABOUT PROBLEMS RELATED TO MITIGATION DECISIONMAKING. BARRISTERS ARE ALSO ASKED TO DESCRIBE HOW THEY WOULD HANDLE THE MITIGATION ASPECTS OF A SAMPLE (FICTITIOUS) CASE. THE STUDY ALSO INCLUDES INFORMAL INTERVIEWS WITH PROBATION OFFICERS, SOCIAL WORKERS, COURT CLERKS, AND POLICE, AND A SURVEY OF THE HISTORY OF THE SENTENCING PROCESS IN GREAT BRITAIN. AS THE STUDY PROGRESSES, THE COMPLEXITY OF THE PROCESSES INVOLVED IN DECIDING WHETHER A PARTICULAR ACT COMMITTED BY A PARTICULAR OFFENDER IS TO BE REGARDED AS MORE OR LESS SERIOUS THAN THE NORM BECOMES INCREASINGLY EVIDENT. (LKM)