Criminal sentencing by preferred numbers

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Dhami, Mandeep K. and Belton, Ian K. and Merrall, Elizabeth and McGrath, Andrew and Bird, Sheila M. (2020) Criminal sentencing by preferred numbers. Journal of Empirical Legal Studies, 17 (1). pp. 139-163. ISSN 1740-1461 (https://doi.org/10.1111/jels.12246)

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Abstract

Criminal sentencing is a complex cognitive activity often performed by the unaided mind under suboptimal conditions. As such, sentencers may not behave according to policy, guidelines, or training. We analyzed the distribution of sentences meted out in one year in two different jurisdictions (i.e., England and Wales, and New South Wales, Australia). We reveal that sentencers prefer certain numbers when meting out sentence lengths (in custody and community service) and amounts (for fines/compensation). These “common doses” accounted for over 90 percent of sentences in each jurisdiction. The size of these doses increased as sentences became more severe, and doses followed a logarithmic pattern. Our findings are compatible with psychological research on preferred numbers and are reminiscent of Weber's and Fechner's laws. The findings run contrary to arguments against efforts to reduce judicial discretion, and potentially undermine the notion of individualized justice, as well as raise questions about the (cost) effectiveness of sentencing.

ORCID iDs

Dhami, Mandeep K., Belton, Ian K. ORCID logoORCID: https://orcid.org/0000-0002-2479-6563, Merrall, Elizabeth, McGrath, Andrew and Bird, Sheila M.;
  • Item type:Article
    ID code:71428
    Dates:
    Date
    Event
    31 March 2020
    Published
    3 February 2020
    Published Online
    3 February 2020
    Accepted
    Notes:This is the peer reviewed version of the following article: Dhami, MK, Belton, IK, Merrall, E, McGrath, A & Bird, SM 2020, 'Criminal sentencing by preferred numbers', Journal of Empirical Legal Studies, pp. 1-25. which has been published in final form at Dhami, MK, Belton, IK, Merrall, E, McGrath, A & Bird, SM 2020, 'Criminal sentencing by preferred numbers', Journal of Empirical Legal Studies, pp. 1-25. https://doi.org/10.1111/jels.12246. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Use of Self-Archived Versions.
    Subjects:Law
    Department:Strathclyde Business School > Management Science
    Depositing user: Pure Administrator
    Date deposited:11 Feb 2020 11:59
    Last modified:27 Nov 2024 03:26
    URI:https://strathprints.strath.ac.uk/id/eprint/71428
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