Journal article
An Integration of Theories to Explain Judicial Discretion
Social problems (Berkeley, Calif.), Vol.38(2), pp.247-266
05/1991
DOI: 10.2307/800532
Abstract
Based on an integration of work on uncertainty avoidance in decision making with research on causal attribution in punishment, the author hypothesizes that judges attempt to manage uncertainty by developing “patterned responses” that are the product of an attribution process involving assessments of the offender's likelihood of committing future crime. Washington, D. C, felony sentencing data generated by the Prosecutor's Management and Information System (PROMIS) were used to test this integrated theoretical model. Support for the theoretical integration is provided by the evidence of the effects of prior record, defendant's race, use of a weapon, pretrial release, and the interaction between defendant's race and bail outcome on sentence severity. Contrary to common suppositions, information on defendant-victim relationship and victim provocation was unrelated to sentence severity. Further research should examine judges' attempt to reduce uncertainty by relying on stereotypes and attributions linked to the likelihood of recidivism.
Details
- Title: Subtitle
- An Integration of Theories to Explain Judicial Discretion
- Creators
- Celesta A. Albonetti - Texas A & M;
- Resource Type
- Journal article
- Publication Details
- Social problems (Berkeley, Calif.), Vol.38(2), pp.247-266
- DOI
- 10.2307/800532
- ISSN
- 0037-7791
- eISSN
- 1533-8533
- Language
- English
- Date published
- 05/1991
- Academic Unit
- Sociology and Criminology; Law Faculty
- Record Identifier
- 9984306351302771
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