TRAINING, PERSONALITY AND ATTITUDE AS DETERMINANTS OF MAGISTRATES' SENTENCING

• NCJ Number: 15070
• Journal: British Journal of Criminology Volume: 14 Issue: 1 Dated: (JANUARY 1974) Pages: 34-48
• Author(s): N LEMON
• Date Published: 1974
• Length: 15 pages
• Sponsoring Agency: Nuffield Foundation
• Corporate Author: Institute for the Study and Treatment of Delinquency
• Publication Format: Article
• Publication Type: Statistics
• Language: English
• Country: United Kingdom
• Note: *This document is currently unavailable from NCJRS.

Annotation

STUDY COMPARING THE SENTENCING DECISIONS MADE BY 55 URBAN JUDGES (MAGISTRATES) IN ENGLAND, USING THREE TAPERECORDED SIMULATED CASES INVOLVING SEXUAL ASSAULT, THEFT, AND CHECK OFFENSES.

Abstract

THE FIRST AIM OF THE STUDY WAS TO ASCERTAIN WHAT CRITERIA ARE USED BY NEWLY TRAINED AND NEWLY APPOINTED MAGISTRATES IN THEIR JUDGEMENT OF CASES, AND TO STUDY THE RELATIONSHIP BETWEEN TRAINING AND SENTENCING PRACTICE. THE SECOND AIM WAS TO STUDY THE INFLUENCE OF THE 'CONCRETENESS' OR 'ABSTRACTNESS' OF THE MAGISTRATE ON HIS SENTENCING PRACTICE. THIS IS A PERSONALITY FACTOR WHICH IS HELD TO INFLUENCE THE WAY IN WHICH PEOPLE ORGANIZE AND INTERPRET INFORMATION. THE THIRD AIM WAS TO STUDY THE INFLUENCE OF THE MAGISTRATES' ATTITUDES TO LAW AND PUNISHMENT ON SENTENCING, AND TO STUDY THE INFLUENCE OF THE FIRST YEAR MAGISTRATE TRAINING PROGRAM ON THESE ATTITUDES. THE STUDY FOUND THAT THE FIRST YEAR PROGRAM AND CONCRETENESS-ABSTRACTNESS WERE THE MOST IMPORTANT VARIABLES.