The Framework of Judicial Sentencing: A Study in Legal Decision Making
Austin Lovegrove examines the sentencing of offenders appearing on multiple offences and how judges, having fixed a prison sentence for each offence, determine an overall sentence for each offender. Analysing judges' verbal protocols for sentencing problems and sentences for fictitious cases, he is able to offer, first, a model of judicial sentencing in the form of a decision strategy comprising working rules deduced from the given responses of judges as they attempted to apply sentencing law, and, second, a numerical guideline in the form of an algebraic model quantifying the application of the working rules. On the basis of this empirical data, Dr Lovegrove furthers understanding of the nature and place of intuition in sentencing and of how the cumulation of sentence can be integrated into a system of proportionality related to the seriousness of single offences.
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continuation of a study
single and multiple similar counts
multiple disparate counts
4 Testing the decision model for multiple disparate counts
5 The techniques of data collection
6 Judges thoughts on sentencing the multiple offender
7 An alternative sentencing decision model for the multiple offender
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alternative decision model analysis applied approach appropriate sentences armed robbery aspects basis co-offender comprising counts comprising multiple counts counts comprising counts of armed counts of burglary Court criminal cumulation of sentence decision problem decision strategy deﬁned degree of cumulation determination of sentence effective sentence eight judges Exercises 3B ﬁctitious ﬁve ﬁx ﬁxed greater guidelines hypothesized decision model individual counts inﬂuence intuition judge’s judicial legal category legal offence category level of seriousness Lovegrove multiple offender multiple secondary counts number of counts number of multiple offence characteristics offence factors offence seriousness offences belonging offender’s overall seriousness prediction present study principal offence proposition quanta quantum of cumulation quantum of sentence reﬂective report regard relating relevant respect responses retrospective reports robbery and burglary secondary offence sentence appropriate sentencing exercise sentencing law sentencing policy sentencing practice sentencing problems seriousness associated signiﬁcant single count speciﬁc totality principle validity verbal protocol violence