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141.
我国在量刑规范化的改革中确立了相对独立的量刑程序,改变了过去量刑程序与定罪程序合一的状态,使量刑程序与定罪程序出现了相对分离,同时,由于量刑程序与定罪程序相比又有自己的特点,适用于定罪程序的证据规则不一定适用量刑程序。因此,为了准确地进行量刑,就有必要对量刑程序中的证据问题进行研究,构建出量刑程序中的证据适用规则。 相似文献
142.
143.
Julia Marshall Scott O. Lilienfeld Helen Mayberg Steven E. Clark 《The journal of forensic psychiatry & psychology》2017,28(3):412-436
Although brain imaging has recently taken center stage in criminal legal proceedings, little is known about how neuroscience information differentially affects people’s judgments about criminal behavior. In two studies of community participants (N = 1161), we examined how mock jurors sentence a fictional psychopathic defendant when presented with neurological or psychological research of equal or ambiguous scientific validity. Across two studies, we (a) found that including images of the brain did not alter mock jurors’ sentencing judgments, (b) reported two striking non-replications of previous findings that mock jurors recommend less severe punishments to defendants when a neuroscientific explanations are proffered, and (c) found that participants rated a psychopathic individual as more likely to benefit from treatment and less dangerous when a neurological explanation for his deficits was provided. Overall, these results suggest that neuroscience information provided by psychiatrists in hypothetical criminal situations may not broadly transform mock jurors’ intuitions about a psychopathic defendant’s sentence, but they provide novel evidence that brain-based information may influence people’s judgments about treatability and dangerousness. 相似文献
144.
We investigate the associations among physical appearance, threat perceptions, and criminal punishment. Psychological ideas about impression formation are integrated with criminological perspectives on sentencing to generate and test unique hypotheses about the associations among defendant facial characteristics, subjective evaluations of threatening appearance, and judicial imprisonment decisions. We analyze newly collected data that link booking photos, criminal histories, and sentencing information for more than 1,100 convicted felony defendants. Our findings indicate that Black defendants are perceived to be more threatening in appearance. Other facial characteristics, such as physical attractiveness, baby‐faced appearance, facial scars, and visible tattoos, also influence perceptions of threat, as do criminal history scores. Furthermore, some physical appearance characteristics are significantly related to imprisonment decisions, even after controlling for other relevant case characteristics. These and other findings are discussed as they relate to psychological research on impression formation, criminological theories of court actor decision‐making, and sociological work on race and punishment. 相似文献
145.
Kelly Hannah-Moffat 《Justice Quarterly》2013,30(2):270-296
This paper discusses the concerns associated with the introduction of, and increased reliance on, actuarial risk tools in sentencing in order to: (1) stimulate cross-disciplinary dialog and research about the impact of incorporating actuarial risk logic into sentencing processes and (2) identify questions requiring further empirical examination. In this article, I recognize that actuarial risk logic offers managerial and organizational benefits, but I also demonstrate that the application of actuarial risk when sentencing offenders is not without important consequences. First, I provide a brief outline of the emergence, logic, and entrenchment of probabilistic reasoning within criminal justice decision-making, and the more recent extension and application of actuarial risk logic to sentencing. Then, I use the following themes to define the limits of using risk sciences in sentencing: (1) the logical structure of risk; (2) the slippage between risk prediction and individual causation; (3) current methodological limits of risk science; (4) the potential for gender and race discrimination; (5) the legal relevance and transparency of risk-based sentencing; and (6) the jurisprudential and organizational impact of various risk technologies. Importantly, the nature and severity of these complications will vary by, and within, the jurisdiction (or sentencing regime) because current sentencing practices are influenced by local jurisdictional needs and sentencing laws. 相似文献
146.
Ethel Rosenberg's prison letters illustrate women's prison writing at a transitional point. Preceding her work are prison writings that focus on self-justification and autobiography; afterward come texts that assert the writer's pride and challenge the penal system and society. Rosenberg's correspondence includes elements of both traditional and contemporary women's prison literature. Along traditional lines, her letters focus on family matters and her own mental state as she attempts to adapt to imprisonment. In their outright assertions of pride in self and anger at perceived injustice, Rosenberg's letters point ahead to the writing of women inmates today. 相似文献
147.
Recent Supreme Court decisions point to an increased reliance on juries to determine a defendant's sentence. Evidence is mixed on whether jurors are more likely to convict when the potential punishment is mild. The current study examined this issue, as well as the impact of legal authoritarianism (LA) (Kravitz, D. A., Cutler, B. L., & Brock, P. 1993. Reliability and validity of the original and revised legal attitudes questionnaire. Law and Human Behavior, 17, 661–677. doi: 10.1007/BF01044688), on jurors’ decisions. An ethnically diverse sample of participants completed the individual difference measure prior to viewing a videotaped, reenacted criminal trial. We manipulated the severity of the punishment the defendant would receive if convicted. Results indicated LA moderated the effect of punishment severity on verdict. Specifically, at higher levels of punishment severity, civil libertarians convicted less, while legal authoritarians convicted more. That is, the severity-leniency effect held for civil libertarians, but not for legal authoritarians. As juries become more responsible for determining a defendant's sentence, attorneys should be aware of the defendant's potential sentence and use voir dire to identify jurors who are higher on LA. 相似文献
148.
Theory and empirical research often have agreed that female and white-collar offenders benefit from leniency at the sentencing stage of criminal justice system processing. An untested research question emerging from these distinct bodies of literature is whether the greatest leniency is afforded to female white-collar offenders. We investigate the individual and interactive influences of gender and white-collar conviction on judicial leniency by analyzing Florida sentencing guidelines data from 1994 to 2004 using multinomial logistic regression to model the decision to incarcerate nonviolent economic offenders in jail or prison rather than sentence them to community control. Results indicate that female street offenders sentenced by male judges receive the most lenient sentences, while male offenders are punished the harshest regardless of the gender of the sentencing judge or type of crime. Theoretical and policy implications of the findings are discussed in terms of focal concerns, familial paternalism, and attributional perspectives on judicial decision-making. 相似文献
149.
Wendy Fitzgibbon Devinder Curry John Lea 《The Howard Journal of Crime and Justice》2013,52(5):445-461
This article aims to investigate the current response to the riots in the UK in August 2011 by comparing and contrasting the political and institutional factors with the reaction to the riots that occurred in Brixton and Toxteth 1981 and those in Bradford, Burnley and Oldham in 2001. The article focuses on the changes which have occurred within the probation service over that period and by interviewing twelve frontline practitioners, seeks to gain an insight into the ways these transformations reflect wider differences within the role of probation, the community, political and government attitudes and the ways this is communicated within the media. 相似文献
150.
《Justice Quarterly》2012,29(4):653-679
Research has examined the role of race and ethnicity in the punishment of offenders. Narrative and meta-analytic reviews have indicated that race/ethnicity influences key sentencing outcomes, at least under certain conditions. This research relies almost exclusively on regression-based analyses for determining race and ethnicity effects. While this technique is useful, recent statistical advances may provide more accurate race/ethnicity estimates. The current study employs propensity score analysis to compare punishment outcomes across White, Black, and Hispanic offenders sentenced in US federal courts during the years 2006 through 2008. Results suggest that (a) during the in/out decision the effect of minority status is frequently smaller than that estimated by regression modeling and (b) during the sentence length decision the effect of minority status is frequently larger than that estimated by regression modeling. Consequently, the modeling strategy may produce different conclusions regarding the presence of race- and ethnic-based disparity in sentencing outcomes. 相似文献