Academic literature on the topic 'Sentencing judge'

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Journal articles on the topic "Sentencing judge"

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Cohen, Alma, and Crystal S. Yang. "Judicial Politics and Sentencing Decisions." American Economic Journal: Economic Policy 11, no. 1 (2019): 160–91. http://dx.doi.org/10.1257/pol.20170329.

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This paper investigates whether judge political affiliation contributes to racial and gender disparities in sentencing using data on over 500,000 federal defendants linked to sentencing judge. Exploiting random case assignment, we find that Republican-appointed judges sentence black defendants to 3.0 more months than similar nonblacks and female defendants to 2.0 fewer months than similar males compared to Democratic-appointed judges, 65 percent of the baseline racial sentence gap and 17 percent of the baseline gender sentence gap, respectively. These differences cannot be explained by other j
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Deshpande, M., and S. Gurpur. "Connecting the dots in ‘Rarest of rare’: Is judicial discretion the perfection of reason? Tracking judicial discretion in death penalty cases in India." CARDIOMETRY, no. 25 (February 14, 2023): 360–67. http://dx.doi.org/10.18137/cardiometry.2022.25.360367.

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In order to restrict the imposition of the death penalty to an extremely narrow band of cases, the Supreme Court of India laid down the principle of ‘rarest of rare’ guiding but not fettering the sentencing discretion of judges. Despite the guidelines, the decision remains purely discretionary with its accompanying arbitrariness leading to unpredictability, and disparity in sentencing, which places a tremendous burden of responsibility on the sentencing judge. It is necessary to think of an alternative to the judge-centric discretionary death penalty, such as Sentencing Commission recommended
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Bakalis, Chara, and Peter Edge. "Taking due account of religion in sentencing." Legal Studies 29, no. 3 (2009): 421–37. http://dx.doi.org/10.1111/j.1748-121x.2009.00130.x.

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This paper explores the relationship between religion and sentencing. It considers what problems may arise when a judge fails to take proper account of a defendant's religious beliefs at the sentencing stage, or takes improper account. It highlights the need for more guidance to be given to judges in order to ensure greater consistency and fairness in sentencing outcomes.
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Roach Anleu, Sharyn, Russell Brewer, and Kathy Mack. "Locating the Judge within Sentencing Research." International Journal for Crime, Justice and Social Democracy 6, no. 2 (2017): 46–63. http://dx.doi.org/10.5204/ijcjsd.v6i2.380.

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Research into sentencing is undertaken from a range of theoretical, disciplinary and methodological perspectives. Each approach offers valuable insights, including a conception of the judge, sometimes explicit, often implicit. Little scholarly attention has been paid to directly interrogating the ways in which different research traditions construct the judge in the sentencing process. By investigating how different research approaches locate the judge as an actor in sentencing, theoretically and empirically, this article addresses that gap. It considers key examples of socio-legal scholarship
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Guentert, Carolin E., and Ryan H. Gerber. "Judge Weinstein's Contributions to Sentencing Law." Federal Sentencing Reporter 33, no. 3 (2021): 153–54. http://dx.doi.org/10.1525/fsr.2021.33.3.153.

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This article examines how Judge Jack B. Weinstein, who served as a federal district judge in the Eastern District of New York for 53 years, approached the issue of consistency in sentencing after the Federal Sentencing Guidelines were rendered advisory in United States v. Booker. It was Judge Weinstein’s practice to publish a statement of reasons for each sentence he imposed, and the article relies on these statements of reason – as well as articles and speeches published by the Judge – to demonstrate how he attempted to ensure that each defendant before him received an individualized sentenci
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Roth, Jessica A. "Jack Weinstein." Federal Sentencing Reporter 33, no. 3 (2021): 163–67. http://dx.doi.org/10.1525/fsr.2021.33.3.163.

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This essay, for a symposium issue of the Federal Sentencing Reporter dedicated to the impact of Judge Jack Weinstein on the occasion of his retirement from the federal bench, highlights how Judge Weinstein has re-imagined the role of the district court judge. Through his judicial opinions, extrajudicial writings and speeches, and his innovative use of the court’s supervisory authority, Judge Weinstein has challenged, and in some cases altered, the status quo in the realm of criminal sentencing. In doing so, he has established a forceful example of how district court judges can use their positi
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Alschuler, Albert W. "Be Careful What You Wish For." Federal Sentencing Reporter 35, no. 4-5 (2023): 226–33. http://dx.doi.org/10.1525/fsr.2023.35.4-5.226.

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Although this article applauds many of the criticisms of sentencing practices contained in Judge Marvin Frankel’s influential book, Criminal Sentences: Law Without Order, it maintains that the reforms he championed failed to advance the goal of greater certainty in sentencing. Moreover, these reforms concentrated discretion in hands of prosecutors, who were less likely to exercise their discretion wisely than the judges and other officials whose powers were curbed, and the reforms increased the pressure on defendants to waive their rights. The article describes how Frankel-backed reforms contr
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Guentert, Carolin E., and Ryan H. Gerber. "A Judge’s Attempt at Sentencing Consistency After Booker." Federal Sentencing Reporter 33, no. 3 (2021): 173–83. http://dx.doi.org/10.1525/fsr.2021.33.3.173.

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This article examines how Judge Jack B. Weinstein, who served as a federal district judge in the Eastern District of New York for 53 years, approached the issue of consistency in sentencing after the Federal Sentencing Guidelines were rendered advisory in United States v. Booker. It was Judge Weinstein’s practice to publish a statement of reasons for each sentence he imposed, and the article relies on these statements of reason – as well as articles and speeches published by the Judge – to demonstrate how he attempted to ensure that each defendant before him received an individualized sentenci
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Taggart, John. "Sentencing: R v Kenneth Clarke & Jamie McConnell (Reference by the Director of Public Prosecutions) [2024] NICA 52." Northern Ireland Legal Quarterly 75, AD1 (2024): 26–34. http://dx.doi.org/10.53386/nilq.v75iad1.1174.

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Sentencing offenders for multiple offences can be a complicated task with various competing demands placed on the sentencing judge. The principle of totality seeks to ensure that the overall criminality of the offending behaviour is reflected in the ultimate sentence. Judges normally achieve this by making some or all of the sentences concurrent or by reducing the length of each individual sentence. In approaching this task, what role does the ‘headline’ or ‘lead’ offence have and how does it assist the judge to arrive at a ‘just and proportionate’ sentence? This case comment examines the refe
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Komalasari, Rita, Nurhayati Nurhayati, and Cecep Mustafa. "KEADILAN BAGI PENYALAHGUNA NARKOTIKA DI INDONESIA." Arena Hukum 14, no. 3 (2021): 479–99. http://dx.doi.org/10.21776/ub.arenahukum.2021.01403.4.

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This article presents the perceptions of Indonesian Judges in sentencing minor drug offenders. The judge holds a central role in the sentencing process, and because of the judicial discretion they can use it is essential to understand how judges come to their sentencing decisions. To develop an understanding of how judges perceive their actions in decision-making and sentencing of drug users, a total of 31 participants were interviewed. The data demonstrated that justice is presented as conditional, depending on various influencing factors that are primarily, though not entirely, one of tensio
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Dissertations / Theses on the topic "Sentencing judge"

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Hochstetler, Spencer. "Judge-Prosecutor Dyad Effects on Racial Disparity." University of Cincinnati / OhioLINK, 2020. http://rave.ohiolink.edu/etdc/view?acc_num=ucin1592170635135092.

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Richards, Diana Andreea. "Learning to judge : an empirical study of judicial attitudes to training and sentencing in Romania." Thesis, University College London (University of London), 2018. http://discovery.ucl.ac.uk/10048330/.

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There has been extensive research on how adults learn and how their learning needs and expectations change as they are exposed to practice, but these developmental learning theories have never been empirically tested with judges. Moreover, while empirical judicial studies have made progress in understanding judicial attitudes to decision-making, including in relation to sentencing, no previous research has examined whether those attitudes might change as judges gain more experience and training. This empirical study of judicial experiences and attitudes to judicial training connects these sepa
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Gallant, Benjamin. "Bill C-25 The Truth in Sentencing Act: An Examination of the Implementation of Criminal Law by the Canadian Judiciary under Challenging Circumstances." Thesis, Université d'Ottawa / University of Ottawa, 2016. http://hdl.handle.net/10393/34943.

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In Canada, we regularly incarcerate accused persons while they are still legally innocent. By the turn of the century, the growing number of accused held in pre-sentence custody had become a concern for provincial/territorial governments, and, by extension, the federal government. In an effort to address the problem, Bill C-25 - ‘The Truth in Sentencing Act’ - was passed into law. Adopting a quantitative as well as qualitative methodology, this study uses a randomly selected sample of 110 cases to examine the implementation of Bill C-25 as a case study of how Canadian judges respond to legisla
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Whittle, Marion. "Intimate partner homicide: Themes in Judges' sentencing remarks." Thesis, Whittle, Marion (2017) Intimate partner homicide: Themes in Judges' sentencing remarks. PhD thesis, Murdoch University, 2017. https://researchrepository.murdoch.edu.au/id/eprint/41665/.

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The aim of this study was to undertake a grounded theory analysis of judges' sentencing remarks for males and females sentenced for intimate partner homicide in Australia between July 2009 and June 2014. The purpose of the study was to compare the themes present when males were sentenced with themes present when females were sentenced. Four key themes emerged from the data: provocation; domestic violence; the sentencing of Aboriginal offenders; and the use of alcohol and/or drugs as a contributing factor to the offence. Broadly speaking the data relating to provocation reflect that the
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Akers, Janna. "Sentencing Length Disparities: Assessing Why Race and Gender Influence Judges’ Decisions." Scholarship @ Claremont, 2019. https://scholarship.claremont.edu/scripps_theses/1306.

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The purpose of this study is to assess why the race and gender of defendants influence judges’ decisions using the focal concern theory. This study will require around 84 participants. Participants will be federal judges who will be recruited via email. In an online survey, participants will be randomly assigned to one of four conditions . Participants will all read a vignette which an individual was convicted for in trafficking of Xanax. The vignette will be manipulated by the name and accompanying a mugshot based on the race (Black/White) and gender (male/female) of the defendant. The exp
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Fraga, Alexandria. "Gender Disparities in Criminal Sentencing: Assessing Three Decades of Change and the Impact of Women on the Bench." The Ohio State University, 2020. http://rave.ohiolink.edu/etdc/view?acc_num=osu1591967868311532.

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Norton, Michelle Lesley. "Judges and politics : a study of sentencing remarks in South African political trials, 1960-1990." Thesis, University of Oxford, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.323677.

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Goulette, Natalie W. "Are Female Defendants Treated More Leniently by Judges?: A Multilevel Analysis of Sex-Based Disparities at the Phases of Pretrial Release, Charge Reductions, and Sentencing." University of Cincinnati / OhioLINK, 2013. http://rave.ohiolink.edu/etdc/view?acc_num=ucin1378112497.

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Whittle, Marion. "'[F]or the sake, in effect, of 30 pieces of silver': Themes in judges' sentencing remarks of male and female domestic murderers." Thesis, Whittle, Marion (2011) '[F]or the sake, in effect, of 30 pieces of silver': Themes in judges' sentencing remarks of male and female domestic murderers. Honours thesis, Murdoch University, 2011. https://researchrepository.murdoch.edu.au/id/eprint/12600/.

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The aim of this study was to compare judges' sentencing remarks when males kill females and females kill males in the context of domestic murder. This included a literature search to identify research from a historical, legal and criminological perspective, which was consistent or inconsistent with the results, emanating from the themes, identified in the analysis of those remarks. To undertake a qualitative analysis, the methodology of grounded theory was used, and the data emanating from the judges' sentencing remarks identified nine themes. Broadly speaking the data reflects that women
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Malila, Ikanyeng Stonto. "A comparative study of normative aspects of the (criminal) trial process in customary and magistrate courts in Botswana, with specific reference to the structure of discretion of judges in sentencing matters." Thesis, University of Edinburgh, 2009. http://hdl.handle.net/1842/24890.

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This thesis is a comparative study of outcomes of the criminal process in customary and magistrate courts in Botswana with specific reference to sentencing outcomes. The main objective of the study was to determine whether differences in the structure of the sentencing discretion of judges of customary and magistrate courts as regards the types and combinations of punishments they may impose in respect of any offence triable in either type of court resulted in the imposition of unjustifiably dissimilar punishments for similar offences. Accordingly, the study examined and compared disposals and
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Books on the topic "Sentencing judge"

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Nelson, Thomas Edward. Judge sentencing in Tennessee: An infant learning to walk : discussion and commentary. T.E. Nelson, 1986.

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National Judicial College (U.S.), NJC Sentencing Advisory Committee, and United States. Bureau of Justice Assistance, eds. Sentencing guide for state trial judges. National Judicial College, 1998.

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Partridge, Anthony. The sentencing options of federal district judges. Federal Judicial Center, 1985.

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Center, Federal Judicial, ed. The sentencing options of federal district judges. Federal Judicial Center, 1985.

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R, Munro Colin, and Wasik Martin, eds. Sentencing, judicial discretion and training. Sweet & Maxwell, 1992.

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Gottfredson, Don M. Effects of judges' sentencing decisions on criminal careers. U.S. Dept. of Justice, Office of Justice Programs, National Institute of Justice, 1999.

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Brodeur, Jean-Paul. Views of sentencing: A survey of judges in Canada. Dept. of Justice Canada, Research and Development Directorate, Policy, Programs and Research Branch, 1988.

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Canada, Canada Justice. Views of sentencing: A survey of judges in Canada. Justice Canada, 1988.

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Commission, Canadian Sentencing. Views of sentencing: A survey of judges in Canada. Dept. of Justice Canada, Research and Development Directorate, Policy, Programs and Research Branch, 1988.

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Heidi, Hallas, and United States Sentencing Commission. Office of Policy Analysis, eds. Survey of Article III judges on the federal sentencing guidelines. Office of Policy Analysis, U.S. Sentencing Commission, 2003.

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Book chapters on the topic "Sentencing judge"

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Shapiro, David L., Charles Golden, and Sara Ferguson. "Judge Caverly’s Sentencing." In SpringerBriefs in Psychology. Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-74600-5_4.

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Lurigio, Arthur J., John S. Carroll, and Loretta J. Stalans. "Understanding Judges’ Sentencing Decisions." In Applications of Heuristics and Biases to Social Issues. Springer US, 1994. http://dx.doi.org/10.1007/978-1-4757-9238-6_6.

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Herber, Erik. "Lay judges and sentencing." In Lay and Expert Contributions to Japanese Criminal Justice. Routledge, 2019. http://dx.doi.org/10.4324/9781315105833-7.

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Saeki, Masahiko, and Eiichiro Watamura. "The Impact of Previous Sentencing Trends on Lay Judges’ Sentencing Decisions." In Crime and Justice in Contemporary Japan. Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-69359-0_15.

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Demidchenko, Yuriy V., Maria M. Kobleva, Bronislav A. Tsoi, Larisa I. Poltavtseva, and Alina V. Poltavtseva. "The Use of Artificial Intelligence in Considering a Criminal Case on Its Merits as One of the Safeguards of Legal and Reasonable Sentencing by a Judge." In Technological Trends in the AI Economy. Springer Nature Singapore, 2023. http://dx.doi.org/10.1007/978-981-19-7411-3_23.

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Da Ros, Luciano, Luísa Zanini da Fontoura, Sérgio Simoni Junior, and Matthew M. Taylor. "Moro’s Opinions: A Quantitative Analysis of Sentencing in Operation Car Wash." In The Fight against Systemic Corruption. Springer Fachmedien Wiesbaden, 2024. http://dx.doi.org/10.1007/978-3-658-43579-0_5.

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AbstractDespite growing numbers of cases around the globe, the literature on judicial decision-making in corruption prosecutions remains underdeveloped. Why do judges convict some defendants in corruption cases and not others? Why do judges apply harsher sentences to some defendants than others? In sum, what explains variation in the severity with which the judicial system judges public figures and private citizens accused of corruption? This chapter draws on the experience of Brazil’s Operation Car Wash (Lava Jato, in Portuguese) to begin to address these questions.
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Cesaroni, Carla, and Nicholas Bala. "Deterrence as a Principle of Youth Sentencing: No Effect on Youth, but a Significant Effect on Judges." In Juvenile Offending. Routledge, 2023. http://dx.doi.org/10.4324/9781003424086-8.

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Gravett, Willem H. "Judicial Decision-Making in the Age of Artificial Intelligence." In Multidisciplinary Perspectives on Artificial Intelligence and the Law. Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-41264-6_15.

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AbstractArtificial intelligence (AI) has become a pervasive presence in almost every aspect of society and business: from assigning credit scores to people, to identifying the best candidates for an employment position, to ranking applicants for admission to university. One of the most striking innovations in the United States criminal justice system in the last three decades has been the introduction of risk-assessment software, powered by sophisticated algorithms, to predict whether individual offenders are likely to re-offend. The focus of this contribution is on the use of these risk-asses
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Summers, Sarah J. "Judicial Imposition of Punishment." In Sentencing and Human Rights. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192870384.003.0005.

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Abstract The imposition of punishment is a judicial exercise. This is a clearly a requirement of procedural fairness. At the same time, the role of the judge at sentencing is of central importance to the characterization of punishment as lawful or just. There might be said to be consensus that the rule of law is dependent on some form of adjudication. The nature and extent of the judicial power to interpret the law is nevertheless very much contested. This conflict at the heart of the judicial role between activism and restraint in the interpretation of the law takes on particular resonance at
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Easton, Susan, and Christine Piper. "Structuring sentencing." In Sentencing and Punishment, 5th ed. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192863294.003.0002.

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Abstract A sentencing system in which there were no controls on how the judge or magistrate came to a decision on sentence would not be a principled system. It could also lead to injustice in individual cases. This chapter examines the ways in which sentencing discretion is constrained, not only through law and guidance but also through the use of a justificatory principle as a constraint. In particular it reviews the way that more recent forms of sentencing guidance have developed, notably the definitive guidelines produced by the Sentencing Council. It also discusses in detail the importance
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Reports on the topic "Sentencing judge"

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Mann, Robert, and Rowena Bermingham. Non-custodial sentences. Parliamentary Office of Science and Technology, 2020. http://dx.doi.org/10.58248/pn613.

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Non-custodial sentences are those that do not include imprisonment, such as discharges, fines and community orders. When sentencing an individual, criminal courts judge whether an offence is serious enough to impose a custodial sentence (either immediate imprisonment or a suspended sentence) or a non-custodial sentence. Criminal justice is devolved, so this POSTnote focuses on non-custodial sentences in England and Wales. In the year ending June 2019, 90% of sentences in England and Wales were non-custodial. This POSTnote presents sentencing trends and describes the non-custodial sentences cur
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Gardin, John. Sentencing: a study of the effects of presentence report recommendations upon the sentencing practices of judges in Multnomah County, Oregon. Portland State University Library, 2000. http://dx.doi.org/10.15760/etd.2159.

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