Judicial Fact-Finding at Sentencing
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چکیده
منابع مشابه
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...
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The United States Sentencing Commission was created to develop federal sentencing guidelines, which restrict judicial discretion and were found to increase the average sentence length while leaving unchanged the likelihood of resolution through plea bargaining. A game theoretic model is developed in which a sentencing commission may impose guidelines or defer to judicial discretion; then a defe...
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Most scholars focus on whether the U.S. Sentencing Guidelines effectively constrain judges or result in disparate decisions based on a court’s or defendant’s location. With few exceptions, studies of the effect of judicial attributes on federal-district-court-sentencing cases have been stymied by the United States Sentencing Commission’s refusal to release judges’ names in their databases of se...
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INTRODUCTION Ireland has an individualised system of sentencing in which judges exercise a relatively broad sentencing discretion. Since the foundation of the State in 1922 few attempts have been made to change or challenge the nature of the Irish sentencing system. This lack of reform, however, does not necessarily reflect widespread satisfaction with the system as a whole. Indeed, a recurrent...
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Judicial sentencing decisions should be guided by facts, not by chance. The present research however demonstrates that the sentencing decisions of experienced legal professionals are influenced by irrelevant sentencing demands even if they are blatantly determined at random. Participating legal experts anchored their sentencing decisions on a given sentencing demand and assimilated toward it ev...
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