The Framework of Judicial Sentencing: A Study in Legal Decision Making

Austin Lovegrove (University of Melbourne)

The Framework of Judicial Sentencing: A Study in Legal Decision Making
Format
Hardback
Publisher
Cambridge University Press
Country
United Kingdom
Published
30 June 1997
Pages
296
ISBN
9780521584272

The Framework of Judicial Sentencing: A Study in Legal Decision Making

Austin Lovegrove (University of Melbourne)

Austin Lovegrove examines the sentencing of offenders appearing on multiple offences, and how judges, having fixed a prison sentence for each offence, determine an overall sentence for each offender. Analyzing judges’ verbal protocols for sentencing problems and sentences for fictitious cases, he is able to offer, first, a model of judicial sentencing in the form of a decision strategy comprising working rules deduced from the given responses of judges as they attempted to apply sentencing law, and, second, a numerical guideline in the form of an algebraic model quantifying the application of the working rules. On the basis of this empirical data, Dr Lovegrove furthers understanding of the nature and place of intuition in sentencing and of how the cumulation of sentence can be integrated into a system of proportionality related to the seriousness of single offences.

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