Judges' attitudes and perceptions toward the sentencing process

Mackenzie, Geraldine (2006) Judges' attitudes and perceptions toward the sentencing process. In: Sentencing: Principles, Perspectives and Possibilities (National Judicial College of Australia and ANU), 10-12 Feb 2006, Canberra, Australia.

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Research into judicial attitudes and perceptions of sentencing is rare, and there are difficulties with permissions and access which discourage potential investigators. Because of this, there are virtually no precedents for this type of research.
My interview based research involved Queensland judges, not only because I had practised and worked in that jurisdiction since the early 1980s, but also because
Queensland adopted the model of the Victorian Sentencing Act and had not been previously studied.

The research was ultimately published in a book by Federation Press, How Judges Sentence, 2005. When I was asked to speak on this topic today, I decided to highlight some interesting features of the research, and in particular to include some of the discussion by the judges which did not appear in the book, mainly for reasons of space.
This paper therefore provides some thought provoking issues regarding judges and their interactions with the sentencing process, largely in their own words.

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Item Type: Conference or Workshop Item (Commonwealth Reporting Category E) (Paper)
Refereed: Yes
Item Status: Live Archive
Additional Information: No evidence of copyright restrictions.
Faculty / Department / School: Historic - Faculty of Business - Department of Law
Date Deposited: 25 May 2009 06:51
Last Modified: 05 Sep 2013 00:01
Uncontrolled Keywords: judicial sentencing; judges; Queensland Supreme Court; Queensland District Court; sentencing attitudes
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180121 Legal Practice, Lawyering and the Legal Profession
16 Studies in Human Society > 1602 Criminology > 160203 Courts and Sentencing
18 Law and Legal Studies > 1801 Law > 180122 Legal Theory, Jurisprudence and Legal Interpretation
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940406 Legal Processes
URI: http://eprints.usq.edu.au/id/eprint/5056

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