Abstract
AbstractThis 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.
Funder
Fundação para a Ciência e a Tecnologia
ISPA – Instituto Universitário
Publisher
Springer Science and Business Media LLC
Subject
Law,General Social Sciences,Pathology and Forensic Medicine
Reference59 articles.
1. Alfini, J. J., Lubet, S., Shaman, J. M., & Geyh, C. G. (2018). Judicial conduct and ethics. LexisNexis.
2. Aubé, B., Ric, F. (2019). The Sociofunctional model of prejudice: Questioning the role of emotions in the threat-behavior link. International review of Social Psychology, 32(1): 1, 1–15. https://doi.org/10.5334/irsp.169.
3. Bandes, S. (2009). Empathetic judging and the rule of law. Cardozo Law Review De Novo, 133, 133–148. Available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1431230. Accessed 15Sept 2022.
4. Bardin, L. (2009). Análise de conteúdo [Content Analysis]. Edições 70.
5. Baum, L. (1994). What judges want: Judges’ goals and judicial behavior. Political Research Quarterly, 47, 749–768. https://doi.org/10.1177/106591299404700311
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