Why is ere so little criminal justice theory? Neglected macro-and micro-level links between organization and power

John Hagan*

*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceedingChapter

1 Scopus citations

Abstract

Dynamic theories of the judicial process picture the judge as a policy oriented decision-maker derives the premises within and without the courtroom and the functions exceeds the mechanical task. The judge operates in an institutional framework place certain restraints on the pure expression of personal preferences, that allows significant latitude for such expression. Theories of judicial decision-making highlight the role played by the judge's personality attributes and prejudicial professional experience. Some researchers focus on judicial self-esteem, contends the judges with weak self-images seek personal validation through their sentencing decisions. According to the theories, judges sentencing decisions reflects the beliefs about the factors that ought to consider the appropriate punishment and their perceptions of these factors. A number of scholars argues that the judges sentencing decisions reflects their beliefs about an offender's potential for rehabilitation, on their perception of the causes of criminal behavior.

Original languageEnglish (US)
Title of host publicationCriminal Justice Theory
Subtitle of host publicationExplaining the Nature and Behavior of Criminal Justice
PublisherTaylor and Francis
Pages55-73
Number of pages19
ISBN (Electronic)9781134706112
ISBN (Print)9780415715188
DOIs
StatePublished - Jan 1 2015

ASJC Scopus subject areas

  • Social Sciences(all)

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