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Gauging public opinion on sentencing: can asking jurors help?
journal contribution
posted on 2023-05-17, 00:45 authored by Catherine WarnerCatherine Warner, Davis, J, Margaret WalterMargaret Walter, Rebecca BradfieldRebecca Bradfield, Rachel VermeyRachel VermeyUsing 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.
History
Publication title
Trends and Issues in Crime and Criminal JusticeIssue
371Pagination
1-6ISSN
0817-8542Department/School
Faculty of LawPublisher
Australian Institute of CriminologyPlace of publication
CanberraRights statement
Copyright 2009 Australian Institute of CriminologyRepository Status
- Restricted