On the determinants and consequences of sentencing

Leiden Repository

On the determinants and consequences of sentencing

Title: On the determinants and consequences of sentencing
Author: Wermink, Hilde Tonja
Publisher: Department of Criminology, Faculty of Law, Leiden University
Issue Date: 2014-06-05
Keywords: Sentencing
Disparity
Offender
Characteristics
Imprisonment
Community service
Recidivism
Abstract: Legal actors typically decide case by case and rely on their own knowledge and experience to make legal decisions. However, an overview of what is happening in the legal system as a whole is often lacking. While many sentences are imposed by legal actors, much remains unknown about the determinants and consequences of sentencing at the aggregate level. How can legal actors impose deliberate and effective sentences? The Dutch Penal Code and the Code of Criminal Procedure obviously give some guidance, but also leave judges with high levels of discretion. This study zooms in on offender characteristics as determinants of sentencing decisions and addresses questions about the consequences of certain sentences on criminal behavior with a specific focus on the incapacitation effect and recidivism after specific sanctions. By focusing on the determinants of decisions at different points in the sentencing process, and on the effects of sentences, this study creates a better understanding of the different facets of the criminal justice system. This study reveals offender based disparities in contemporary sentencing practices and points out that certain intended future benefits in terms of crime reduction through punishment do not appear to be achieved.
Description: Promotor: P. Nieuwbeerta, Co-Promotores: J.W. de Keijzer, P.M. Schuyt
With Summary in Dutch
Faculty: Faculteit der Rechtsgeleerdheid
Citation: Wermink, H.T., 2014, Doctoral Thesis, Leiden University
Series/Report no.: Meijersreeks;MI-231
ISBN: 9789462591752
Handle: http://hdl.handle.net/1887/26919
 

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application/pdf Chapter 1 173.0Kb Under embargo
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application/pdf Summary in Dutch 106.3Kb Under embargo
application/pdf Acknowledgements_Curriculum Vitae 101.7Kb Under embargo
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