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Full-Text Articles in Legal Studies
The Influence Of Prior Legal Background On Judicial Sentencing Considerations, Esther Nir, Siyu Liu
The Influence Of Prior Legal Background On Judicial Sentencing Considerations, Esther Nir, Siyu Liu
International Journal on Responsibility
State court judges are influenced by a myriad of factors during criminal case processing. To study the influence of prior legal background on judicial decision-making at sentencing, we performed in-depth qualitative interviews of 39 trial court judges presiding over criminal cases in a Northeastern U.S. state. We find that judges are influenced by their former legal experiences and most judges are cognizant of this influence. While certain sentencing considerations are prioritized for almost all judges (e.g., criminal history, seriousness of the offense), prioritization and processing of many other sentencing criteria are correlated with prior legal background. Former defense attorneys tend …
Examining Remorse In Attributions Of Focal Concerns During Sentencing: A Study Of Probation Officers, Colleen M. Berryessa
Examining Remorse In Attributions Of Focal Concerns During Sentencing: A Study Of Probation Officers, Colleen M. Berryessa
International Journal on Responsibility
This research, using interviews with probation officers in the United States (n = 151) and a constant comparative method for analysis, draws from the focal concerns framework to qualitatively model a process by which probation officers use a defendant’s remorse to attribute focal concerns in order to guide their sentencing recommendations in pre-sentencing reports. The model suggests that officers use expressions of remorse to make attributions about mitigated criminal intention (blameworthiness and notions of responsibility), reduced dangerousness and a high potential for reform (community protection), and organization-level effects for increasing caseload efficiency and using correctional resources (practical effects of …