The Sentencing Principles of Equality and Proportionality from a Feminist Perspective: Exploring Positive Gender Discrimination at Sentencing

Gender, Race, and Sentencing

Race and gender pose empirical and policy problems that are both similar and different for the U.S. criminal justice system. They are similar in that blacks and women occupy subordinate social and economic positions in American life, and their interests are less likely to be represented in the justice system than are those of white men. They are different in that blacks are overrepresented in a...

Gender Differences in Criminal Sentencing

Objective. Many studies find that females benefit from their gender in sentencing decisions. Few researchers, however, address whether the gender-sentencing association might be stronger for some crimes, such as minor nonviolent offending, and weaker for other offenses, such as serious violent crime. Method. Using a large random sample of convicted offenders in Texas drawn from a statewide proj...

Ineffective Assistance at Sentencing

The legal standards for reviewing claims of ineffective assistance of counsel at sentencing are underdeveloped. In other contexts, defendants seeking to prove ineffective assistance must demonstrate that counsel’s performance fell below appropriate professional standards and that there is a reasonable probability that, but for counsel’s deficient performance, the result of the proceeding would ...

Summary. Sentencing law and sentencing decision making

The initial context of this research – judicial cooperation with regard to consistency in sentencing This dissertation is part of a research project in which the phenomenon of judicial cooperation in several areas of the law has been taken as a starting point. The concept of judicial cooperation describes informal structures and products thereof of judicial policymaking for the purpose of the s...

Judicial Fact-Finding at Sentencing