How Do Judges Decide? : The Search for Fairness and Justice in Punishment

by Cassia Spohn

• ISBN13: 9781412961042
• ISBN10: 1412961041
• Edition: 2nd
• Format: Paperback
• Copyright: 2008-12-17
• Publisher: SAGE Publications, Inc

Summary

How are sentences for federal, state, and local crimes determined? Is this process fairly and justly applied to all concerned? How have reforms affected the process over the last 25 years? Offering a comprehensive overview of the sentencing process in the United States, How Do Judges Decide? The Search for Fairness and Justice in Punishment explores these questions and more. Author Cassia Spohn first discusses the overall concept of punishment and then analyzes individual aspects of it, including the sentencing process, the responsibility of the judge, and disparity and discrimination in sentencing. This Second Edition offers new information on the impact of sentencing reforms, including recent research and case law, updated statistics in tables and figures, and new boxed highlights. Key Features Helps students understand patterns in the wide discretion and latitude given to judges when determining penalties within the framework of the U.S. judicial system Engages the reader with "Focus on an Issue" sections, which analyze key issues such as gender and sentencing (Ch.4) and the impact of race on sentencing for drug offenses (Ch.5) Examines sentencing reforms and their impact, providing students with up-to-date information on how punishment is meted out in U.S. courts. Contains boxed excerpts in each chapter from books and articles, with a variety of case studies on topics such as the O.J. Simpson murder trial, judicial surveys, and comparison of sentences in different jurisdictions by gender Offers new material on specialty courts and the prosecutor's role in sentencing Concludes each chapter with discussion questionsHow Do Judges Decide? is an ideal text for upper-division undergraduate and graduate courses on the judicial system, criminal law, and law and society.

Table of Contents

The Goals Of Sentencing

Why Punish?

How Much To Punish?

Theories of Punishment and Judges' Sentencing Decisions

Conclusion

The Sentencing Process

The Judge's Options at Sentencing

Sentencing as a Collaborative Exercise

The Sentencing Process

How Do Judges Decide?

Modeling the Sentencing Process

Sentencing and Case Attributes

Sentencing and Characteristics of the Judge

How do Judges Decide?

Sentencing Disparity And Discrimination: A Focus On Gender

Types of Sentencing Discrimination

Gender Disparity in Sentencing

Disparity and Discrimination in Sentencing

Sentencing Disparity And Discrimination: A Focus On Race/Ethnicity

Racial Disparity in Sentencing

Race and Judges' Sentencing Decisions

Race and the Death Penalty: A Failed Experiment?

Justice From the Bench?

The Sentencing Reform Movement

Structured Sentencing Reforms

Presumptive Sentencing Guidelines

Mandatory Minimum Sentencing Statutes

Three-Strikes-and-You're Out Laws

Truth in Sentencing Laws

Three Decades of Reform

The Impact Of Sentencing Reforms

Have Sentencing Reforms Led to More Punitive Sentences?

Have Sentencing Reforms Led to a Reduction in Crime?

Have Sentencing Reforms Reduced Disparity and Discrimination?

Assessing the Impact of the Sentencing Reform Movement

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