The role of character-based personal mitigation in sentencing judgments

Belton, Ian K. and Dhami, Mandeep K. (2024) The role of character-based personal mitigation in sentencing judgments. Journal of Empirical Legal Studies, 21 (1). pp. 208-239. ISSN 1740-1461 (https://doi.org/10.1111/jels.12376)

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Abstract

Personal mitigating factors (PMFs) such as good character, remorse and addressing addiction help sentencers evaluate an offender's past, present and future behavior. We analyzed data from the 2011–2014 Crown Court Sentencing Surveys in England and Wales to examine the relationship between these PMFs and custodial sentences passed on assault and burglary offenses, controlling for other sentencing relevant factors. Beyond revealing the distribution and co-occurrence of the three PMFs, it was found that good character, remorse and addressing addiction all had a significant mitigating effect. The effects of addressing addiction were the strongest of the three across both offense types, while good character had a stronger effect on burglary than assault. In addition, some mitigating factors appear to be underweighted when they occur together. We consider the implications of these findings for sentencing policy and practice.

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