Criminal Sentencing by Preferred Numbers. Issue 1 (3rd February 2020)

• Record Type: Journal Article
• Authors: Dhami, Mandeep K.; Belton, Ian K.; Merrall, Elizabeth; McGrath, Andrew; Bird, Sheila M.
• Is Part Of: Journal of empirical legal studies. Volume 17:Issue 1(2020)
• Page Start: 139
• Page End: 163
• Publication Date: 2020-02-03
• Subjects: Law -- Periodicals; Law -- Research -- Periodicals; 340
• DOI: 10.1111/jels.12246
• Languages: English
• ISSNs: 1740-1453

Abstract

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, or 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 percent 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.