NCJ Number
55593
Date Published
1975
Length
23 pages
Annotation
THE COURT DECISIONMAKING PROCESS IS ANALYZED AND A MODEL OF DECISIONMAKING IS APPLIED TO THE SENTENCING OF THE 'DANGEROUS' OFFENDER.
Abstract
WHILE ALL DECISIONS HAVE SIMILARITIES, THE CONSEQUENCES THAT MAY DERIVE FROM A DECISION USUALLY HAVE A BEARING ON THE PROCESS BY WHICH THEY ARE MADE. COURT DECISIONS ARE GENERALLY CHARACTERIZED BY THEIR POTENTIAL TO HAVE SERIOUS, LIFE-CHANGING CONSEQUENCES FOR THOSE AFFECTED. THIS MAKES IT IMPERATIVE THAT THE QUALITY OF THE DECISIONS MADE BE SERVED BY A DECISIONMAKING PROCESS IN WHICH THE COMPONENTS HAVE BEEN CAREFULLY DEVISED TO CONTRIBUTE TO THE INTENDED GOALS. WHILE OBTAINING SUFFICIENT DATA IS IMPORTANT IN ANY DECISION, THE AMOUNT OF INFORMATION OBTAINED IS NOT NEARLY SO IMPORTANT AS THE OBTAINING OF INFORMATION APPROPRIATE FOR THE RESULTS SOUGHT THROUGH THE DECISION. THE DECISION AS TO WHAT INFORMATION IS RELEVANT IS AN IMPORTANT COMPONENT OF THE DECISIONMAKING PROCESS, ALONG WITH A CAREFULLY CONSTRUCTED RATIONALE AS TO THE RESULTS DESIRED FROM THE DECISION. PENDING FURTHER RESEARCH IN COOPERATION WITH DECISIONMAKERS IN A VARIETY OF DECISION SITUATIONS, THERE ARE FEW INDICATIONS OF HOW COURTS MIGHT PROCEED TOWARD IMPROVED DECISIONMAKING. A SUGGESTED METHODOLOGY IS THAT OF BREAKING DOWN THE DECISIONMAKING PROCESS FOR ANY GIVEN DECISION INTO COMPONENTS FOR SEPARATE EXAMINATION, WITH THE COMPONENTS THEN RECOMBINED AFTER REFORM TO PRODUCE AN OVERALL IMPROVED DECISIONMAKING PROCESS. THIS GENERAL METHODOLOGY FOR IMPROVING DECISIONMAKING IS APPLIED TO THE SENTENCING OF THE 'DANGEROUS' OFFENDER AS AN EXAMPLE. IT IS IMPORTANT THAT IN FUTURE DECISION RESEARCH FOR THE COURTS, COMPUTER AND INFORMATION TECHNOLOGY NOT BE VIEWED AS A MEANS OF PRECLUDING THE CONSTRUCTION OF MORAL PARAMETERS THAT REFLECT HUMANE AND JUST APPROACHES TO BOTH THE GOALS AND PROCESS OF DECISIONMAKING. REFERENCES ARE PROVIDED. (ECB)