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Criminal Sentencing by Preferred Numbers

Accepted version
Peer-reviewed

Type

Article

Change log

Authors

Dhami, Mandeep 
Belton, Ian 
Merrall, Elizabeth 
McGrath, Andrew 
Bird, Sheila 

Abstract

Criminal sentencing is a complex cognitive activity often performed by the unaided mind under suboptimal conditions. As such, sentencers may not behave according to policy, guidelines and training. We analyzed the distribution of sentences meted out in one year in two different jurisdictions (i.e., England and Wales, and New South Wales, Australia). We reveal that sentencers prefer certain numbers when meting out sentence lengths (in custody and community service) and amounts (for fines/compensation). These ‘common doses’ accounted for over 90% of sentences in each jurisdiction. The size of these doses increased as sentences became more severe, and doses followed a logarithmic pattern. Our findings are compatible with psychological research on preferred numbers and are reminiscent of Weber’s and Fechner’s laws. The findings run contrary to arguments against efforts to reduce judicial discretion, and potentially undermine the notion of individualized justice, as well as raise questions about the (cost) effectiveness of sentencing.

Description

Keywords

48 Law and Legal Studies, 4805 Legal Systems, 16 Peace, Justice and Strong Institutions

Journal Title

Journal of Empirical Legal Studies

Conference Name

Journal ISSN

1740-1453
1740-1461

Volume Title

17

Publisher

Wiley

Rights

All rights reserved