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Gauging public opinion on sentencing: can asking jurors help?
Citation
Warner, K and Davis, J and Walter, MM and Bradfield, RJ and Vermey, R, Gauging public opinion on sentencing: can asking jurors help?, Trends and Issues in Crime and Criminal Justice, (371) pp. 1-6. ISSN 0817-8542 (2009) [Refereed Article]
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Copyright Statement
Copyright 2009 Australian Institute of Criminology
Official URL: http://www.aic.gov.au/publications.aspx
Abstract
Using jurors to ascertain
public opinion on sentencing has a
number of advantages over other
methods. Jurors’ opinions are based
on informed judgements rather than
uninformed, intuitive responses and they
have detailed knowledge of the offence
and a sense of the offender as a real
person. Using a sample of jurors from
Tasmanian courts, this study examined
the utility of using jurors to gauge public
opinion on sentencing and as a means
of informing the public about crime and
sentencing issues. Results indicate that
the opinion of jurors towards sentences
is not as punitive as public opinion polls
would suggest and it would appear
that specific knowledge of a case may
moderate harsher sentencing attitudes.
While there is evidence that jury
participation increases confidence in
the criminal justice system, the study
found that pre-existing perceptions
about lenient sentencing may be difficult
to change. This was particularly the
case when it came to sentencing for
sex offences, where jurors were least
satisfied with sentencing severity. The
study determined that despite there
being potential issues around obtaining
truly representative population samples,
surveying jurors as a means of
ascertaining informed public opinion
about sentencing seems a good option.
A useful view of the general public’s
opinion on appropriate penalty levels
for particular crimes can be elicited,
along with their knowledge of crime
and sentencing matters.
Item Details
| Item Type: | Refereed Article |
|---|---|
| Keywords: | sentencing, public attitude, juror opinion |
| Research Division: | Law and Legal Studies |
| Research Group: | Law |
| Research Field: | Access to Justice |
| Objective Division: | Cultural Understanding |
| Objective Group: | Other Cultural Understanding |
| Objective Field: | Cultural Understanding not elsewhere classified |
| UTAS Author: | Warner, K (Professor Kate Warner) |
| UTAS Author: | Walter, MM (Professor Maggie Walter) |
| UTAS Author: | Bradfield, RJ (Dr Rebecca Bradfield) |
| UTAS Author: | Vermey, R (Ms Rachel Vermey) |
| ID Code: | 59354 |
| Year Published: | 2009 |
| Deposited By: | Sociology and Social Work |
| Deposited On: | 2009-11-30 |
| Last Modified: | 2012-12-13 |
| Downloads: | 3 View Download Statistics |
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