The Framework of Judicial Sentencing: A Study in Legal Decision Making

Austin Lovegrove

doi:10.1017/CBO9780511520969

Austin Lovegrove examines the sentencing of offenders appearing on multiple offences and how judges, having fixed a prison sentence for each offence, determine an overall sentence for each offender. Analysing judges' verbal protocols for sentencing problems and sentences for fictitious cases, he is able to offer, first, a model of judicial sentencing in the form of a decision strategy comprising working rules deduced from the given responses of judges as they attempted to apply sentencing law, and, second, a numerical guideline in the form of an algebraic model quantifying the application of the working rules. On the basis of this empirical data, Dr Lovegrove furthers understanding of the nature and place of intuition in sentencing and of how the cumulation of sentence can be integrated into a system of proportionality related to the seriousness of single offences.

"...the book is valuable...." R. Barry Ruback, International Criminal Justice Review

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Contents

Frontmatter
pp i-viii
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Contents
pp ix-ix
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List of figures
pp x-x
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List of tables
pp xi-xii
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Acknowledgments
pp xiii-xiv
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1 - Judicial decision making and sentencing policy: continuation of a study
pp 1-35
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2 - A sentencing decision model: single and multiple similar counts
pp 36-51
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3 - A sentencing decision model: multiple disparate counts
pp 52-61
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4 - Testing the decision model for multiple disparate counts
pp 62-77
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5 - The techniques of data collection
pp 78-98
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6 - Judges' thoughts on sentencing the multiple offender
pp 99-149
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7 - An alternative sentencing decision model for the multiple offender
pp 150-168
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8 - Validity and development of the alternative decision model: the data collection
pp 169-203
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9 - Towards a requisite decision model for sentencing the multiple offender
pp 204-249
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10 - The armature of judicial sentencing
pp 250-263
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Appendix 1 - Case 37 from Sentencing Research Exercise – Part 3B
pp 264-271
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References
pp 272-277
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Index
pp 278-280
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The Framework of Judicial Sentencing

A Study in Legal Decision Making

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Contents

Frontmatter
pp i-viii

Contents
pp ix-ix

List of figures
pp x-x

List of tables
pp xi-xii

Acknowledgments
pp xiii-xiv

1 - Judicial decision making and sentencing policy: continuation of a study
pp 1-35

2 - A sentencing decision model: single and multiple similar counts
pp 36-51

3 - A sentencing decision model: multiple disparate counts
pp 52-61

4 - Testing the decision model for multiple disparate counts
pp 62-77

5 - The techniques of data collection
pp 78-98

6 - Judges' thoughts on sentencing the multiple offender
pp 99-149

7 - An alternative sentencing decision model for the multiple offender
pp 150-168

8 - Validity and development of the alternative decision model: the data collection
pp 169-203

9 - Towards a requisite decision model for sentencing the multiple offender
pp 204-249

10 - The armature of judicial sentencing
pp 250-263

Appendix 1 - Case 37 from Sentencing Research Exercise – Part 3B
pp 264-271

References
pp 272-277

Index
pp 278-280

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The Framework of Judicial Sentencing

A Study in Legal Decision Making

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