Words matter: judges' value judgments in sentence pronouncements remarks.
This study examines judges' value judgments on their remarks during sentence pronouncements. We performed a content analysis of 93 sentence pronouncements from the 13 judges from a Portuguese criminal court. Within these discourses, 299 discourse units were codified as judges' value judgments, that...
| Publicado en: | Crime, Law & Social Change Vol. 80; no. 4; pp. 455 - 478 |
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| Autores principales: | , , , , |
| Formato: | Artículo |
| Publicado: |
Springer Nature
Nov2023
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| Materias: | |
| Acceso en línea: | Ver este registro en EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=ssf&AN=172842792&site=ehost-live header: @attributes: shortDbName: ssf uiTerm: 172842792 longDbName: Social Sciences Full Text (H.W. Wilson) uiTag: AN controlInfo: bkinfo: jinfo: jid: 09254994 CRG jtl: Crime, Law & Social Change issn: 09254994 maglogo: N pubinfo: dt: Nov2023 vid: 80 iid: 4 pid: 237 pub: Springer Nature artinfo: ui: 172842792 10.1007/s10611-023-10097-8 ppf: 455 ppct: 23 formats: fmt: – @attributes: type: T – @attributes: type: P size: 714KB tig: atl: Words matter: judges' value judgments in sentence pronouncements remarks. aug: au: de Castro Rodrigues, Andreia Cunha, Olga S. de Oliveira, Jorge Q. Gonçalves, Rui A. Sacau-Fontenla, Ana affil: William James Center for Research & ISPA–Instituto Universitário, R. Jardim do Tabaco 34, 1100-304, Lisbon, Portugal Hei-Lab & School of Psychology and Life Sciences, Lusófona University, Porto, Portugal https://ror.org/043pwc612 School of Criminology, Faculty of Law, University of Porto, Rua dos Bragas, 223, 4050-123, Porto, Portugal https://ror.org/037wpkx04 School of Psychology, University of Minho, Campus de Gualtar, 4710-057, Braga, Portugal https://ror.org/037wpkx04 JUSGOV, University of Minho, Campus de Gualtar, 4710-057, Braga, Portugal https://ror.org/04h8e7606 Faculty of Human and Social Sciences, University Fernando Pessoa, Praça 9 de Abril, 349, 4249-004, Porto, Portugal su: Judges Criminal courts Justice administration Content analysis Portuguese language sug: subj: Judges Criminal courts Justice administration Content analysis Courts Portuguese language keyword: Judges' training Judges' value judgements Judicial decision-making process Penal justice Qualitative methodology Sentence pronouncements Sentencing Judges' training Judges' value judgements Judicial decision-making process Penal justice Qualitative methodology Sentence pronouncements Sentencing ab: This study examines judges' value judgments on their remarks during sentence pronouncements. We performed a content analysis of 93 sentence pronouncements from the 13 judges from a Portuguese criminal court. Within these discourses, 299 discourse units were codified as judges' value judgments, that is, personal contents beyond strict legal issues. From these 299, 107 were recommendations (comprehending advice to change, to not reoffend, to rethink life, and action instructions), and 192 were opinions about the individual, the society, and the judicial system. The existence of value judgments in sentence pronouncements carries important implications for the sentencing process. Namely, these value judgments allow the identification of judges' personal ideas, and issues particularly vulnerable for simplistic reasonings, as well as subjective considerations. This identification and the discussion on the powerful role of language in the context of sentencing are key features to strengthen judges' training and, consequently, to improve the implementation of penal justice. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: N holdings: @attributes: islocal: N |
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