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Examination of judicial discretion in sentencing of adjudicated juvenile offenders

Posted on:2001-01-15Degree:Ph.DType:Dissertation
University:California School of Professional Psychology - FresnoCandidate:St Louis, Joan MarlinFull Text:PDF
GTID:1466390014957145Subject:Law
Abstract/Summary:
This study was designed to explore and document variables that influence juvenile court judges in their decision-making in sentencing of juveniles who stand before them. Emphasis was based on the broad theoretical assumption that beyond legal and extra-legal variables, judges make sentencing decisions based on bench habits that have become part of their rules of procedures and their personality. Additionally, the influences and/or recommendations of probation officers, defense attorneys, social workers, parents, and the juveniles who stand before them were examined. This study also investigated variables in the courtroom that may influence a judge's decision during the hearings of juveniles, as well as social study reports written by probation officers on each juvenile.; The subject pool consisted of 3 juvenile court judges hearing 102 cases. Components of the study examined legal variables such as current and prior offenses. The study also included extra-legal variables such as demographics, character of the juvenile, character of the juvenile's parents and/or guardians, and school history. Internal factors brought into the courtroom by judges, which included variables such as mood of the judge, statements made by the judge, and responses to statements made by juveniles during the hearing, were also examined.; Analysis did not support the majority of the hypotheses. With reference to the first goal of the study, more judicial discretion used in sentencing juveniles who commit lesser offenses was not significantly related to sentencing of juveniles who committed more serious offenses. Relative to the second goal of the study, no significant relationship was found in judges bringing both internal and external variables into their decision-making. There was also no support found for the third goal of the study, juveniles bring both internal and external variables into the courtroom that effect decision-making in sentencing. The analysis of the fourth goal, others in the courtroom bringing both internal and external variables that affect sentencing decision-making, indicated a small relationship with regard to the presence of parents and/or guardians in the courtroom. Other factors also contributed to decision-making by judges during juvenile court hearings, but were not found to be as likely to influence specific decisions in sentencing these juveniles.; Limitations in the study involved noteworthy differences between the three courts and lack of defined variables on the rating sheet. Recommendations for future studies would include investigation of a more comprehensive methodology, the role and effect probation officers have in the courtroom, and expectations and philosophies of the judges who hear juvenile cases.
Keywords/Search Tags:Juvenile, Sentencing, Judges, Variables, Probation officers, Decision-making
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