Measuring Risk and Blameworthiness in the Sentencing of Criminal Defendants: An Exploratory Study in Western Australia's Higher Courts

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Bond, Christine E. W.
Jeffries, Samantha
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2011
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Abstract

The focal concern perspective dominates quantitative explorations of judicial sentencing. A critical argument underlying this perspective is the role of judicial assessments of risk and blameworthiness. Prior research has not generally explored how these two concepts fit together. This study provides an empirical test of the focal concerns perspective by examining the latent structure among the measures traditionally used in sentencing research, and investigates the extent to which focal concerns can be applied in a non-US jurisdiction. Using factor analysis (as suggested by prior research), we find evidence of distinct factors of risk and blameworthiness, with separate and independent effects on sentencing outcomes. We also identify the need for further development of the focal concerns perspective, especially around the role of perceptual shorthand.

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Current Issues in Criminal Justice

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23

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1

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© 2011 Published by The Institute of Criminology, University of Sydney. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.

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Courts and Sentencing

Criminology

Sociology

Law

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