Details
| Translated title of the contribution | Sentence severity scaling An empirical approach for high prison sentences and juvenile sentences |
|---|---|
| Original language | German |
| Pages (from-to) | 45-57 |
| Number of pages | 13 |
| Journal | Monatsschrift für Kriminologie und Strafrechtsreform |
| Volume | 103 |
| Issue number | 1 |
| Early online date | 12 May 2020 |
| Publication status | Published - 27 May 2020 |
Abstract
One of the main requirements of sentencing research is a standardized scale of sentence severity that renders different types of sanctioning comparable. This article will give an overview over the scales of sentence severity available today, which are either set ad-hoc, determined empirically, or scaled logarithmically. However, just one empirically determined scale of sentence severity is currently available in Germany and it is valid only for fines and prison sentences up to two years. High prison sentences and juvenile sentences are not covered empirically. The scaling options presented here are intended to help close this gap. Regional court judges were surveyed for their perception of degree of severity and the resulting data were scaled with the help of magnitude scaling. The study yielded power functions for all four sanction types (prison sentences with and without probation and juvenile sentences with and without probation), which can be used to define a degree of severity for each adjudicated sanction.
ASJC Scopus subject areas
- Social Sciences(all)
- Law
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In: Monatsschrift für Kriminologie und Strafrechtsreform, Vol. 103, No. 1, 27.05.2020, p. 45-57.
Research output: Contribution to journal › Article › Research › peer review
}
TY - JOUR
T1 - Strafhärteskalierung
T2 - Ein empirischer Lösungsansatz im Bereich hoher Freiheits-und Jugendstrafen
AU - Behnsen, Mira
N1 - Publisher Copyright: © 2020 Walter de Gruyter GmbH, Berlin/Boston.
PY - 2020/5/27
Y1 - 2020/5/27
N2 - One of the main requirements of sentencing research is a standardized scale of sentence severity that renders different types of sanctioning comparable. This article will give an overview over the scales of sentence severity available today, which are either set ad-hoc, determined empirically, or scaled logarithmically. However, just one empirically determined scale of sentence severity is currently available in Germany and it is valid only for fines and prison sentences up to two years. High prison sentences and juvenile sentences are not covered empirically. The scaling options presented here are intended to help close this gap. Regional court judges were surveyed for their perception of degree of severity and the resulting data were scaled with the help of magnitude scaling. The study yielded power functions for all four sanction types (prison sentences with and without probation and juvenile sentences with and without probation), which can be used to define a degree of severity for each adjudicated sanction.
AB - One of the main requirements of sentencing research is a standardized scale of sentence severity that renders different types of sanctioning comparable. This article will give an overview over the scales of sentence severity available today, which are either set ad-hoc, determined empirically, or scaled logarithmically. However, just one empirically determined scale of sentence severity is currently available in Germany and it is valid only for fines and prison sentences up to two years. High prison sentences and juvenile sentences are not covered empirically. The scaling options presented here are intended to help close this gap. Regional court judges were surveyed for their perception of degree of severity and the resulting data were scaled with the help of magnitude scaling. The study yielded power functions for all four sanction types (prison sentences with and without probation and juvenile sentences with and without probation), which can be used to define a degree of severity for each adjudicated sanction.
KW - Scale of sentence severity
KW - sentencing research
UR - http://www.scopus.com/inward/record.url?scp=85085578857&partnerID=8YFLogxK
U2 - 10.1515/mks-2020-2038
DO - 10.1515/mks-2020-2038
M3 - Artikel
AN - SCOPUS:85085578857
VL - 103
SP - 45
EP - 57
JO - Monatsschrift für Kriminologie und Strafrechtsreform
JF - Monatsschrift für Kriminologie und Strafrechtsreform
SN - 0026-9301
IS - 1
ER -