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Results for juries (australia)

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Author: Warner, Kate

Title: Jury Sentencing Survey

Summary: The study has three immediate aims: To investigate a new method of ascertaining public opinion by assessing the feasibility of using juries as a source of informed public opinion. To develop a new way of improving public knowledge about sentencing by using jurors as conduits of information. To ascertain attitudes to sentencing from an informed sector of the public. The broader aim of the study is to counter populist penal punitiveness by addressing the "comedy of errors"; namely, the situation that criminal justice policy and practice is not based on a proper understanding of public opinion, and public opinion is not based on a proper understanding of policy and practice. Public opinion surveys conducted across the world over the last four decades consistently find that between 70 and 80 percent of respondents think that sentences are too lenient. More sophisticated research has led researchers to label this „a methodological artefact "a result of the way in which public opinion has been measured" (Gelb 2008a: 45). It has been found that people have little accurate knowledge of crime and the criminal justice system, that those who have better knowledge are less punitive and that when given more information, people become less punitive. This suggests that a strategy to counter penal punitiveness is to improve public knowledge about crime and sentencing matters and to devise better methods of ascertaining informed public opinion. The provision of a better measure of informed public attitudes (in contrast to uninformed and flawed public opinion polls) will provide the basis for a reasoned argument for politicians and policy advisers to use when resisting calls made by the popular print and broadcasting media to increase penalties and to get tough on crime. Providing a source of informed public opinion, which can be fed into the criminal justice system, has the potential to improve public confidence in the system. Because of the relationship between ratings of confidence in the courts and perceptions of severity - those who report that sentences are too lenient are less confident in the courts - improving confidence in the courts can also reduce punitiveness. The Research Questions: The following six research questions were formulated: 1. How can juries be utilised as a source of public opinion about sentencing? Do they have the willingness and capacity to participate in a study exploring their views on sentencing? How willing are jurors to respond to invitations to stay and listen to sentencing proceedings? Do they have the willingness to read and the capacity to understand briefing information about sentencing? Are jurors willing to complete a survey form about sentencing? Are jurors willing to respond to requests to be interviewed about their views? 2. How receptive are jurors to learning about crime trends and sentencing? 3. To what extent are jurors (as newly informed members of the public) satisfied with the sentence imposed by the judge? 4. What kind of information affects public satisfaction with sentencing? Listening to the sentencing submissions? Knowledge of crime trends? Information about sentencing law and sentencing patterns? 5. What variables affect jurors' satisfaction with sentence? Variables relating to juror demographics? Variables relating to the offence type? Variables relating to the offender? Variables relating to the victim? 6. To what extent do the views of jurors as members of the public coincide or differ from those of the judge as expressed in the sentencing comments?

Details: Report to the Australian Criminology Research Council, 2010. 156p.

Source: Internet Resource: Accessed February 14, 2013 at: http://www.criminologyresearchcouncil.gov.au/reports/0607-4.pdf

Year: 2010

Country: Australia

URL: http://www.criminologyresearchcouncil.gov.au/reports/0607-4.pdf

Shelf Number: 127618

Keywords:
Juries (Australia)
Jurors
Public Opinion
Punishment
Sentencing