文章基本信息

标题：Legal and Extralegal Factors Influencing Judge's Penal Decisions
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作者：Mihai Ioan Micle ; Mihai Ioan Micle ; Oancea Gabriel 等
期刊名称：Procedia - Social and Behavioral Sciences
印刷版ISSN：1877-0428
出版年度：2013
卷号：78
页码：697-701
DOI：10.1016/j.sbspro.2013.04.378
语种：English
出版社：Elsevier
摘要：AbstractThe current study aims to identify legal and extralegal factors that might influence judges’ penal decision in criminal cases. It the same time, it intends to determine how the imposed penalties effect on prisons overcrowding, on ensuring public safety protection, as well as on solving related problems faced by offenders. Our study showed that judges perceive the decision process as being mainly based on a rational approach, minimizing or even denying an external influence from extralegal factors, while being interested in accessing personal data like offender's personality, psychosocial identity, education or economic status. Hence, our study may represents a starting point for exploring the mechanism underlying judicial decision, as a prerequisite for improving sentence's predictability.
关键词：judges;legal factors;extralegal factors;probation;prisons