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Journal articles on the topic 'Sentencing judge'

Author: Grafiati

Published: 10 December 2022

Last updated: 19 July 2025

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1

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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Stith, Kate. "Weinstein on Sentencing." Federal Sentencing Reporter 33, no. 3 (2021): 155–59. http://dx.doi.org/10.1525/fsr.2021.33.3.155.

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Over more than half a century of service on the federal bench Judge Weinstein has produced reams of articles, speeches, and opinions, attempting to convince higher courts and Congress to recast sentencing law on the basis of fairness. Like any great jurist, Judge Weinstein did not win every battle, but he pursued the ideal of individualized justice with unflagging dedication. In the process, he transformed sentencing law. He brought due process to sentencing by conceiving of and instituting Fatico hearings, and later became among the most powerful voices against mandatory sentencing regimes. J

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Reni, Ayu Wulandari, and Prasetyo Handoyo. "Disparity of Sentence Determination by Judges Regarding Decisions Below the Minimum in Narcotics Crimes." International Journal of Social Science and Human Research 07, no. 05 (2024): 3311–27. https://doi.org/10.5281/zenodo.11379505.

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This research aims to explain differences in judges' decisions regarding the imposition of sentences below the minimum in narcotics offense cases. The main focus of this research is the judge's thoughts when adjudicating narcotics cases which causes inequality in sentencing and determining appropriate sentencing criteria that the judge can take into consideration so that there is no inequality in punishment in the future. Inequality in sentencing has the meaning of giving different sentences to convicts in cases that are similar or almost similar in terms of the level of crime, whether they ar

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von Dornum, Deirdre D. "Sentencing with Love, Not Hate." Federal Sentencing Reporter 33, no. 3 (2021): 189–96. http://dx.doi.org/10.1525/fsr.2021.33.3.189.

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Judge Jack B. Weinstein approached every sentencing with his trademark compassion and intellectual rigor. This was nowhere more evident than in two of the most challenging sentencing contexts: child pornography and terrorism. This essay considers Judge Weinstein’s refusal to sentence based on assumptions about defendants and their conduct, and his insistence on empirical data, expert evaluations, and asking the hardest questions about motivation and future behavior before imposing sentence. It focuses on Judge Weinstein’s sentencing practices in terrorism and child pornography cases, the two a

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Robertshaw, Paul. "Successful Sentencing Appeals—An Analysis." Journal of Criminal Law 67, no. 3 (2003): 257–68. http://dx.doi.org/10.1177/002201830306700308.

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This article considers successful appeals against sentence from the Crown Court to the Court of Appeal 1996–2002. After weighting for caseload volume it became apparent that there was a wide range in the success rates between courts; also variation in the rate of reduction of incarceration. Within this framework individual (unnamed) judges were considered. The typical judge had one appeal against sentence upheld against him during the six years, but 45 had between one per year and eight per year. The impact of these judges on their courts' appeal rate was analysed. Comparison was made between

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Gleeson, John. "Jack B. Weinstein Up Close." Federal Sentencing Reporter 33, no. 3 (2021): 160–62. http://dx.doi.org/10.1525/fsr.2021.33.3.160.

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In this tribute to the Honorable Jack B. Weinstein, his judicial successor highlights Judge Weinstein’s virtues and shares some of his wisdom. Included among these pearls are the conclusions that judges are obligated to confront injustices and that they are equal governmental partners with their executive and legislative colleagues. The essay also chronicles Judge Weinstein’s approach to sentencing and commitment to procedural justice.

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Shames, Alison. "Sentencing Within Sentencing." Federal Sentencing Reporter 24, no. 1 (2011): 1–3. http://dx.doi.org/10.1525/fsr.2011.24.1.1.

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Guest editor Alison Shames introduces this issue of Federal Sentencing Reporter, which focuses on sentencing and the last fifty years of programs developed by the Vera Institute of Justice. When a judge sentences a convicted defendant, he or she takes into account many factors and tries to achieve one or more of the oft-cited purposes of punishment: incapacitation (to protect the public from further crimes committed by the defendant), deterrence, restitution, retribution, and rehabilitation. The federal sentencing statute instructs the court not to impose a sentence greater than necessary to a

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Exum, Jelani Jefferson. "Judge Frankel’s Fifty-Year-Old Invitation to Reconstruct Sentencing." Federal Sentencing Reporter 35, no. 4-5 (2023): 234–39. http://dx.doi.org/10.1525/fsr.2023.35.4-5.234.

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As a sentencing scholar, Judge Frankel’s boldness and willingness to dream big about creating a different sentencing system have inspired me throughout my career. His willingness to call for reconstructing the sentencing system is an appeal that still rings true today. Despite the many changes in the United States since Frankel wrote Criminal Sentences: Law Without Order, the need for systemic changes to criminal punishment remains. Questions about why we are punishing the way we punish who we punish are central to today’s advocacy against mass incarceration. Seventeen years ago when I read La

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Novaković, Filip. "Odmjeravanje kazne - analiza rješenja u kaznenom zakonu za Bosnu i Hercegovinu od 26. juna 1879. godine." Vesnik pravne istorije 4, no. 1 (2023): 20–42. http://dx.doi.org/10.51204/hlh_23102a.

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Sentencing is a critical stage in the criminal/criminal justice system where a judge (most often) decides on an appropriate sentence for a person convicted of a crime. This criminal justice institute plays a key role in maintaining social order, deterring criminal behaviour and achieving justice. When determining an appropriate sentence, judges consider a variety of factors, including the nature and severity of the offence, the offender’s criminal history, his remorse and willingness to take responsibility, and the impact on the victim. Sentencing guidelines, in each jurisdiction, are usually

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King, Ryan D. "Rocking the Boat: Lessons from a Study of the Federal Sentencing of Maritime Drug Traffickers." Federal Sentencing Reporter 37, no. 2 (2025): 132–37. https://doi.org/10.1215/10539867-11692668.

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Abstract This article reflects on the methodological approach adopted by McSweeney et al. in their study of the federal sentencing of maritime narcotics traffickers. It compares the authors’ data collection and analytic strategies with conventional approaches to sentencing research, which typically use data from sentencing commissions. Three distinctions between the respective approaches are emphasized: sampling on arrest versus conviction; the inclusion (or not) of identifying information about judges and prosecutors; and the analysis of court characteristics. McSweeney et al.’s data collecti

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KIM, BYUNGBAE, CASSIA SPOHN, and E. C. HEDBERG. "FEDERAL SENTENCING AS A COMPLEX COLLABORATIVE PROCESS: JUDGES, PROSECUTORS, JUDGE-PROSECUTOR DYADS, AND DISPARITY IN SENTENCING." Criminology 53, no. 4 (2015): 597–623. http://dx.doi.org/10.1111/1745-9125.12090.

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Mustafa, Cecep. "THE PERCEPTIONS OF INDONESIAN JUDGES IN SENTENCING MINOR DRUG OFFENDERS: CHALLENGES AND OPPORTUNITIES." Jurnal Hukum dan Peradilan 9, no. 1 (2020): 1. http://dx.doi.org/10.25216/jhp.9.1.2020.1-26.

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This paper 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 the majority of minor drug offenders are from poorer backgrounds. Poverty was found to lead people to the drug culture. Moreover, lack

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Weich, Ronald. "Law without Order, Then Too Much Order, Then Not Enough?" Federal Sentencing Reporter 35, no. 4-5 (2023): 300–303. http://dx.doi.org/10.1525/fsr.2023.35.4-5.300.

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Judge Marvin Frankel’s 1973 book Criminal Sentences: Law Without Order launched a half century of robust debate and scholarship, but also inspired the unsuccessful Sentencing Reform Act of 1984. This article traces the poor decisions in Congress, the judiciary and the Justice Department that contributed to the development of an intolerably rigid and complex system routinely producing unjust federal sentences. The Supreme Court declared the binding system unconstitutional in U.S. v. Booker, but left behind an advisory system that is inefficient and unprincipled. The guidelines remain in place,

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Warner, Kate, Julia Davis, Caroline Spiranovic, Helen Cockburn, and Arie Freiberg. "Measuring jurors’ views on sentencing: Results from the second Australian jury sentencing study." Punishment & Society 19, no. 2 (2016): 180–202. http://dx.doi.org/10.1177/1462474516660697.

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This paper presents the results of the Victorian Jury Sentencing Study which aimed to measure jurors’ views on sentencing. The study asked jurors who had returned a guilty verdict to propose a sentence for the offender, to comment on the sentence given by the judge in their case and to give their opinions on general sentencing levels for different offence types. A total of 987 jurors from 124 criminal trials in the County Court of Victoria participated in this mixed-method and multi-phased study in 2013–2015. The results are based on juror responses to the Stage One and Stage Two surveys and s

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Weigend, Thomas. "Norm Versus Discretion in Sentencing." Israel Law Review 25, no. 3-4 (1991): 628–37. http://dx.doi.org/10.1017/s0021223700010669.

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Should judges have discretion in sentencing? The answer cannot be “yes” or “no” but only the further question “how much?”. The bulk of this statement will be devoted to this second question, but I will first explain why there is no absolute answer to the issue of judicial discretion in sentencing.Most legal systems grant the sentencing judge (practically) unlimited freedom to choose among a vast array of dispositions in any given case. Legal standards guiding their decision-making are typically non-directive, vague, or non-existent. The result, not unexpectedly, is a great disparity in sentenc

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Barhamudin, Barhamudin, and Abuyazid Bustomi. "PENGATURAN HUKUM PENYELESAIAN KASUS KECELAKAAN LALU LINTAS SECARA DAMAI DALAM UNDANG UNDANG NOMOR 1 TAHUN 2023." Solusi 23, no. 1 (2025): 40–52. https://doi.org/10.36546/solusi.v23i1.1502.

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The aim of this research is to find out how judges consider the arrangement between victims and perpetrators in traffic accident cases. This research aims to find out what factors are considered by the judge when imposing a sentence in this case. This research is normative legal research. The data used in this research consists of primary legal materials and secondary legal materials which are secondary data. Settlement of Peace between Victims and Perpetrators of Crime in the Criminal System In accordance with the development of modern criminal law, peace agreements between victims and perpet

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Stith, Kate, Nancy Gertner, and Sofia Yakren. "In Memoriam: A Tribute to Professor Daniel J. Freed." Federal Sentencing Reporter 24, no. 1 (2011): 82–84. http://dx.doi.org/10.1525/fsr.2011.24.1.82.

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Yale Law Professor Daniel J. Freed, a cofounder of Federal Sentencing Reporter and a Vera trustee for nearly forty years, is a legendary figure in the worlds of sentencing, bail, and criminal justice generally. With his gentle but incisive approach, Dan Freed was—and still is—a moral and intellectual North Star for generations of lawyers, judges, professors, and criminal justice policymakers. No collection of articles or stories about Vera and sentencing would be complete without a discussion of Dan. A fellow Yale professor, a judge, and a former Yale Law School student offer their personal re

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Donnelly, Justice Michael P., Judge Gene A. Zmuda, and Judge Pierre H. Bergeron. "Here Come the Judges." Federal Sentencing Reporter 33, no. 4 (2021): 247–49. http://dx.doi.org/10.1525/fsr.2021.33.4.247.

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We are Ohio state court judges with actual experience in imposing and/or reviewing criminal felony sentences. We are unaware of any expressed objection by Ohio’s judiciary to having more relevant information available to a sentencing court. Sentencing discretion is conferred upon trial courts by the General Assembly through its statutory enactments, and the trial courts have full discretion to impose a prison sentence that falls within the prescribed statutory range. With such wide-ranging discretion the database will provide additional information to a sentencing judge, which will result in a

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Marder, Ian D., and Jose Pina-Sánchez. "Nudge the judge? Theorizing the interaction between heuristics, sentencing guidelines and sentence clustering." Criminology & Criminal Justice 20, no. 4 (2018): 399–415. http://dx.doi.org/10.1177/1748895818818869.

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Although it has long been acknowledged that heuristics influence judicial decision making, researchers have yet to explore how sentencing guidelines might interact with heuristics to shape sentencing decisions. This article contributes to addressing this gap in the literature in three ways: first, by considering how heuristics might help produce the phenomenon of sentence clustering, in which a significant proportion of sentences are concentrated around a small number of outcomes; second, by reflecting on the role of sentencing guidelines as a feature of the environment within which sentencing

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Hassan, Md Tasnimul. "The Perils and Promises of Artificial Intelligence." Indian Journal of Law and Technology 19, no. 2 (2024): 1–36. https://doi.org/10.55496/udow1140.

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The proliferation of technology has resulted in an increased reliance of individuals on technological devices. The world is progressively being automated using Artificial Intelligence (AI) systems that are implemented to achieve specific objectives. Automation is now an important part of people’s lives, and it could heavily change the criminal justice system. This article looks at the use of AI in criminal sentencing in India, arguing that AI-based sentencing can reduce sentencing disparity, either if it is subject to a human element or it is fed with ample data that no case-fact is left out.

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Allenbaugh, Mark H. "Sentencing in Chaos." Federal Sentencing Reporter 32, no. 3 (2020): 128–37. http://dx.doi.org/10.1525/fsr.2020.32.3.128.

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Antonin Scalia famously observed in his dissent in United States v. Booker that an advisory sentencing guidelines regime would result in a “discordant symphony” where similarly situated offenders would receive ad hoc sentences. As this article demonstrates through a statistical survey, he was right. Federal sentencing practice is in chaos. The fundamental goals of the guidelines—uniformity, proportionality, and certainty—have been undermined. Nonetheless, this does not mean the guidelines should be abandoned or a wholesale redrafting is required. As it turns out, the guidelines continue to be

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Dershowitz, Hanna Liebman, and Rachel Van Etten. "Reflections on the Rewriting the Sentence II Summit on Alternatives to Incarceration." Federal Sentencing Reporter 36, no. 3 (2024): 114–29. http://dx.doi.org/10.1525/fsr.2024.36.3.114.

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The Center for Justice and Human Dignity hosted the Rewriting the Sentence II Summit at George Washington Law October 17-18, 2023. This article reviews the presenters’ key comments and the leading insights set forth throughout the Summit regarding sentencing reform and the expansion of alternatives to incarceration. Notably, the sessions included the participation of directly impacted individuals alongside judges, prosecutors, and academics. Keynote speaker Dr. Alisha Moreland-Capuia, M.D. discussed trauma-informed systems change. Various federal and state judges shared their experiences in es

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Panggabean, Herlina, Fernando Simanjuntak, and Holmes Rajagukguk. "Legal Review of the Role Supervisory Judges and Observer towards Convicts Who is Sentenced to Conditional Punishment." International Journal of English Literature and Social Sciences 9, no. 2 (2024): 006–10. http://dx.doi.org/10.22161/ijels.92.2.

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The research was conducted to determine the implementation of the functions and duties of supervisory and observing judges. To describe this, qualitative descriptive research was conducted. The research location was Tarutung District Court and Tarutung Correctional Center. Materials were obtained through field studies with interviews, then analysed qualitatively. From the results of the research, it shows that the Wasmat judge did not carry out supervision as it should be, where the Wasmat judge has not signed, checked the supervisor's register and observations based on the minutes of the exec

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Hofer, Paul J., Kevin R. Blackwell, and R. Barry Ruback. "The Effect of the Federal Sentencing Guidelines on Inter-Judge Sentencing Disparity." Journal of Criminal Law and Criminology (1973-) 90, no. 1 (1999): 239. http://dx.doi.org/10.2307/1144166.

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Brett, Nathan. "Mercy and Criminal Justice: A Plea for Mercy." Canadian Journal of Law & Jurisprudence 5, no. 1 (1992): 81–94. http://dx.doi.org/10.1017/s0841820900000850.

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Are justice and mercy incompatible with each other, so that it is unjust for a judge to be merciful? In a recent article Jeffrie Murphy generates and explores some interesting paradoxes concerning the virtue (or supposed virtue) of mercy. Murphy argues for a skeptical position concerning mercy in relation to criminal justice: mercy has no place in the sentencing decisions of judges

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Hessick, Carissa Byrne. "Legality, Legal Standards, and the Legacy of Marvin Frankel." Federal Sentencing Reporter 35, no. 4-5 (2023): 249–52. http://dx.doi.org/10.1525/fsr.2023.35.4-5.249.

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In his widely influential book, Criminal Sentences: Law without Order, Marvin Frankel offered a blistering critique of judge-led sentencing, arguing that judicial sentencing discretion runs afoul of the famed principle of legality. In particular, Frankel claimed that sentencing is unique in its failure to adhere to the rule of law and that sentencing in the mid-twentieth century did not contain enough law. This essay argues that Frankel overstated his case. Although judges likely operated with insufficient constraints on their discretion, Frankel was wrong to argue that precise rules and the e

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Nathan, Barrie Lawrence. "Judges in the Dock." Amicus Curiae 4, no. 1 (2022): 185–220. http://dx.doi.org/10.14296/ac.v4i1.5495.

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This article refers to judges, in the UK and elsewhere, who have themselves been convicted of or accused of a crime, whether while still officiating as a judge, before their appointment, or after their retirement. The most obvious criminal offence of which judges are guilty is bribery. This is considered in this article, but there is a wide range of offences from smuggling to murder, including, along the way, perjury, perverting the course of justice, two judges sent to prison for passing sentences which were much too heavy and one judge imprisoned for passing a sentence which was much too lig

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Adelman, Hon Lynn. "Sentencing Drug Offenders Justly While Reducing Mass Incarceration." Federal Sentencing Reporter 34, no. 1 (2021): 2–11. http://dx.doi.org/10.1525/fsr.2021.34.1.2.

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In my paper, I discuss what I believe is the most effective approach to sentencing drug defendants. I start with the proposition that in many, if not most cases, incarcerating drug offenders does more harm than good. Imprisonment contributes to mass incarceration, does not deter unlawful drug activity and has an adverse racial impact. Thus, if a judge can reasonably avoid imposing a prison sentence, he or she should do so. Fortunately, this is the judge’s duty under the law. 18 U.S.C. §3553(a) requires a judge to impose a sentence that is “sufficient but not greater than necessary…” or, in oth

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Mubarok, Sharul, Thelma S. M. Kadja, and Karolus Kopong Medan. "Pertanggungjawaban Pidana Terhadap Malpraktik Dalam Tindakan Medis Tanpa Izin (Studi Putusan Pengadilan Negeri Nomor: 109/PID.SUS/2019/PN KBU)." Artemis Law Journal 2, no. 1 (2024): 57–77. https://doi.org/10.35508/alj.v2i1.16566.

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Decision Number 109/pid.sus/2019/pn kbu pertains to the sentencing of a health worker for unlicensed practice and malpractice resulting in death. Despite the severity of the offense, the judge imposed only a Rp20,000,000 fine. This decision raises questions regarding its alignment with the defendant's actions and the considerations guiding the judge's sentencing. The research, utilizing a normative juridical approach, analyzed primary, secondary, and tertiary legal materials. This method aims to uncover truth through legal logic from a normative perspective. Findings indicate that the judge's

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Martínez Garay, Lucía. "PELIGROSIDAD, ALGORITMOS Y DUE PROCESS: EL CASO STATE vs. LOOMIS." Revista de Derecho Penal y Criminología, no. 20 (January 23, 2020): 485. http://dx.doi.org/10.5944/rdpc.20.2018.26484.

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El movimiento contemporáneo tendente a la sustitución de la noción de peligrosidad por el enfoque de la valoración del riesgo (risk assessment), que se inició en el ámbito del derecho penitenciario y de ejecución de las penas, está llegando a otras fases del proceso penal, como la de sentencia. Presentándose como una práctica «basada en la evidencia» (evidence-based sentencing), propugna tomar en consideración las valoraciones estructuradas del riesgo de reincidencia a la hora de determinar la clase y cuantía de la pena a imponer, para adecuarla mejor a las necesidades de prevención especial.

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Freiberg, Arie, Kate Warner, Caroline Spiranovic, and Julia Davis. "You be the judge: No thanks!" Alternative Law Journal 43, no. 3 (2018): 154–59. http://dx.doi.org/10.1177/1037969x18792109.

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In the light of proposals to give jurors a sentencing role in response to media portrayals of judges as soft on crime and out of touch, this article reports on a study which explored jurors’ thoughts about such a role using survey questions and interviews. Most shied away from such a role.

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CHIN, Mong-Hwa. "Lay Participation in Taiwan: Observations from Mock Trials." Asian Journal of Law and Society 6, no. 01 (2019): 181–207. http://dx.doi.org/10.1017/als.2019.8.

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AbstractThis article introduces the designs and the potential problems of the new lay judge system in Taiwan. This article first describes the background of the development of lay participation in Taiwan, and the 2012 Observer Jury System and the 2018 Lay Judge System drafted by the judiciary. The core of this paper is a qualitative study of four mock trials conducted by four district courts in Taiwan. Through observations and interviews with mock trial lay judges, this article addresses three main problems of the new system, including professional judges’ domination in deliberations, the comp

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Didwania, Stephanie Holmes. "The Immediate Consequences of Federal Pretrial Detention." American Law and Economics Review 22, no. 1 (2020): 24–74. http://dx.doi.org/10.1093/aler/ahz012.

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Abstract Unlike the cash-bail regimes that are prevalent in state courts, federal courts rarely use money bail as a condition of pretrial release. Nonetheless, this article presents evidence that pretrial release influences case outcomes for federal defendants. Using case data spanning 71 federal district courts, the article suggests that pretrial release reduces a defendant’s sentence and increases the probability that they will receive a sentence below the recommended sentencing range. Pretrial release also appears to lessen the probability that a defendant will receive a mandatory minimum s

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Collins, Judge Paul. "Sentencing sex offenders: The judge and his role." Journal of Sexual Aggression 1, no. 2 (1994): 114–25. http://dx.doi.org/10.1080/13552609408413249.

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Mason, Caleb, and David Bjerk. "Inter-Judge Sentencing Disparity on the Federal Bench." Federal Sentencing Reporter 25, no. 3 (2013): 190–96. http://dx.doi.org/10.1525/fsr.2013.25.3.190.

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Leka, Adrian, and Brunilda Jani-Haxhiu. "The Emergence of Sentence Guidelines in the Balkans – Should Albania Follow the Same Model?" Journal of Systemics, Cybernetics and Informatics 20, no. 4 (2022): 1–7. http://dx.doi.org/10.54808/jsci.20.04.1.

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Different countries have established different models and mechanisms to assist the judge in the difficult task of determining the criminal sentence. These approaches are influenced by the criminal justice system model, the role of the judge in criminal proceedings and, not infrequently, by priority issues that are not related to the conceptualization of the criminal justice system: corruption, professionalism of judges, etc. In countries that have a codified body of criminal law – as a rule, countries that belong to the civil law tradition, the criminal law sets the minimum and maximum ranges

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Blumstein, Alfred. "Making Sentencing Policy More Rational and More Effective." Israel Law Review 25, no. 3-4 (1991): 607–19. http://dx.doi.org/10.1017/s0021223700010645.

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In thinking about the sentence-setting process, it is important to recognize the different perspectives associated with the two different levels at which sentencing questions must be addressed. The first is the macro policy level. This is the level of issues faced by a judicial council, a legislature, or a sentencing commission. Such a body must establish a range of permissible sentences from which the individual judge chooses the sentence for any particular case. The policy body must develop principles for establishing those ranges. Most of the discussion in this paper appeals to this policy

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Frase, Richard S. "The Partial Success of Judge Frankel’s Sentencing Commission, Fifty Years On." Federal Sentencing Reporter 35, no. 4-5 (2023): 240–48. http://dx.doi.org/10.1525/fsr.2023.35.4-5.240.

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Judge Marvin Frankel’s writings in the early 1970s inspired the creation of sentencing guidelines commissions and guidelines rules in twenty-two state and federal jurisdictions. By the late 1970s Frankel’s tentative proposals had been substantially filled out by other writers and reformers; the two most common guidelines models were adopted by Minnesota (1980) and Pennsylvania (1982). The federal guidelines (1987) have been justly criticized, but most state guidelines have been accepted by judges and other practitioners and observers. This sentencing reform model has also been endorsed by the

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Chanenson, Steven L., and Douglas A. Berman. "Frankel at 50." Federal Sentencing Reporter 35, no. 4-5 (2023): 213–19. http://dx.doi.org/10.1525/fsr.2023.35.4-5.213.

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Fifty years ago, Judge Marvin E. Frankel published a slim volume that has had an outsized and enduring impact on the criminal justice system in the United States and around the globe. In Criminal Sentences: Law without Order, Frankel captured the public’s imagination and the legal establishment’s attention in a way that is scarcely comprehensible in today’s world full of copious (but typically unheeded) criminal justice scholarship and policy advocacy. Judge Frankel’s work serves as a kind of a sentencing Rorschach Test for those involved in sentencing discussions and debates past and present.

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Risakotta, Edwin C., Margie Gladies Sopacua, and Leonie Lokollo. "Pertimbangan Hukum Hakim Terhadap Kasus Penelantaran Dalam Rumah Tangga." TATOHI: Jurnal Ilmu Hukum 3, no. 6 (2023): 580. http://dx.doi.org/10.47268/tatohi.v3i6.1817.

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Introduction: The judge's consideration of domestic neglect cases is very important considering that domestic neglect is part of domestic violence.Purposes of the Research: The purpose of this study aims to examine what is the basis for the judge's legal considerations for household investigation cases in the study of decision No. 120/Pid.Sus/2021/PN Amb and review and explain whether the crime given by the judge has had a deterrent effect on the perpetrator.Methods of the Research: The author uses Normative Juridical legal research which obtains data from literature studies in the form of law

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Radelet, Michael L., and G. Ben Cohen. "The Decline of the Judicial Override." Annual Review of Law and Social Science 15, no. 1 (2019): 539–57. http://dx.doi.org/10.1146/annurev-lawsocsci-101518-042834.

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Since 1972, the Supreme Court has experimented with regulation of the death penalty, seeking the illusive goals of consistency, reliability, and fairness. In this century, the court held that the Sixth Amendment prohibited judges from making findings necessary to impose a death sentence. Separately, the court held that the Eighth Amendment safeguarded evolving standards of decency as measured by national consensus. In this article, we discuss the role of judges in death determinations, identifying jurisdictions that initially (post 1972) allowed judge sentencing and naming the individuals who

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