We articulate an interpretation of mens rea that is broader than the traditional special sense but narrower than the traditional general sense. Mens rea in this intermediate sense addresses the guilty mind required by the sentencing criteria for specific criminal sentences for particular offenses. We advance an analytic structure for the integration of legal and empirical inquiry regarding stan...

As we approach the 21st century, the issue of racial discrimination in sentencing continues to evoke controversy and spark debate. Some researchers contend that crimes by racial minorities are punished more harshly than similar crimes by equally culpable whites; others argue that racial disparities in sentence severity reflect differences in crime seriousness, prior criminal record, and other l...

Victim impact statements (VISs) represent a contentious legal and psychological point of debate. Current knowledge concerning the influence of VISs on jurors' emotional states and views of offenders is unclear. Using a sexual assault case, the present study attempted to disentangle these points of debate in the body of existing literature by (a) examining the direct influences of the presence o...

Title of Document: RACE, SENTENCING, AND THE PRETRIAL PROCESS Michelle Elizabeth Hart, Master of Arts, 2006 Directed By: Professor Shawn Bushway, Criminology and Criminal Justice Previous research has suggested that racial disparity originates from judicial decisions at sentencing; however I argue that racial disparity may originate at the pretrial stage. First, research has consistently demons...

I appreciate the opportunity to testify before the United States Sentencing Commission regarding alternatives to incarceration. My remarks are intended as practical observations based on: (a) experience gained in my current position as Director of a community corrections program that provides reentry services to persons formerly incarcerated in Federal prisons, and that also serves as an altern...

There are few systematic investigations of lower court sentencing, even though this is where the majority of offenders are sentenced and baseline statistics show Indigenous people receive relatively harsher sanctions than non-Indigenous offenders (in New South Wales, see Baker 2001; in South Australia, see Castle & Barnett 2000). This paper explores the probability of Indigenous versus non-Indi...

It is, of course, not easy to predict future behavior. The fact that such a determination is difficult, however, does not mean that it cannot be made. Indeed, prediction of future criminal conduct is an essential element in many of the decisions rendered throughout our criminal justice system. . . . And any sentencing authority must predict a convicted person’s probable future conduct when it e...

Abstract We add to our understanding of the optimal method judicial selection by exploiting an unusual feature in North Carolina: judges rotate location every 6 months. This allows us identify existence and source sentencing variation over electoral cycle. show that when elections approach, felony sentences rise. increase is found exclusively are their district election, only contested. When he...