Judges' attitudes and perceptions toward the sentencing process

Paper

Mackenzie, Geraldine. 2006. "Judges' attitudes and perceptions toward the sentencing process." Sentencing: Principles, Perspectives and Possibilities (National Judicial College of Australia and ANU) (2006). Canberra, Australia 10 - 12 Feb 2006 Canberra, Australia.
Paper/Presentation Title

Judges' attitudes and perceptions toward the sentencing process

Presentation TypePaper
Authors
AuthorMackenzie, Geraldine
Number of Pages10
Year2006
Place of PublicationCanberra, Australia
Web Address (URL) of Paperhttp://njca.anu.edu.au/Professional%20Development/programs%20by%20year/2006/Sentencing%20Conference/Sen%20conf%20papers%202006/Mackenzie.pdf
Conference/EventSentencing: Principles, Perspectives and Possibilities (National Judicial College of Australia and ANU) (2006)
Event Details
Sentencing: Principles, Perspectives and Possibilities (National Judicial College of Australia and ANU) (2006)
Event Date
10 to end of 12 Feb 2006
Event Location
Canberra, Australia
Abstract

Research into judicial attitudes and perceptions of sentencing is rare, and there are difficulties with permissions and access which discourage potential investigators. Because of this, there are virtually no precedents for this type of research.
My interview based research involved Queensland judges, not only because I had practised and worked in that jurisdiction since the early 1980s, but also because
Queensland adopted the model of the Victorian Sentencing Act and had not been previously studied.

The research was ultimately published in a book by Federation Press, How Judges Sentence, 2005. When I was asked to speak on this topic today, I decided to highlight some interesting features of the research, and in particular to include some of the discussion by the judges which did not appear in the book, mainly for reasons of space.
This paper therefore provides some thought provoking issues regarding judges and their interactions with the sentencing process, largely in their own words.

Keywordsjudicial sentencing; judges; Queensland Supreme Court; Queensland District Court; sentencing attitudes
ANZSRC Field of Research 2020480505. Legal practice, lawyering and the legal profession
440203. Courts and sentencing
480410. Legal theory, jurisprudence and legal interpretation
Public Notes

No evidence of copyright restrictions.

Byline AffiliationsQueensland University of Technology
Permalink -

https://research.usq.edu.au/item/9yz84/judges-attitudes-and-perceptions-toward-the-sentencing-process

Log in to edit

Download files

Published Version
Mackenzie_ANU_2006_VoR.pdf
File access level: Anyone

  • 2095
    total views
  • 336
    total downloads
  • 3
    views this month
  • 5
    downloads this month

Export as

Related outputs

A novel framework for distress detection through an automated speech processing system
Rana, Rajib, Gururajan, Raj, Mackenzie, Geraldine, Dunn, Jeff, Gray, Anthony, Zhou, Xujuan, Barua, Prabal Datta, Epps, Julien and Humphris, Gerald Michael. 2018. "A novel framework for distress detection through an automated speech processing system." 2018 IEEE/WIC/ACM International Conference on Web Intelligence (WI 2018). Santiago, Chile 03 - 06 Dec 2018 Los Alamitos, CA, United States. https://doi.org/10.1109/WI.2018.00-29
Automated screening for distress: A perspective for the future
Rana, Rajib, Latif, Siddique, Gururajan, Raj, Gray, Anthony, Mackenzie, Geraldine, Humphris, Gerald and Dunn, Jeff. 2019. "Automated screening for distress: A perspective for the future." European Journal of Cancer Care. 28 (4). https://doi.org/10.1111/ecc.13033
Medico legal issues
Mackenzie, Geraldine and Carter, Hugh. 2010. "Medico legal issues." Hovenga, Evelyn J. S., Kidd, Michael R., Garde, Sebastian, Hullin, Carola and Cossio, Lucay (ed.) Health informatics: an overview. Amsterdam, Netherlands . IOS Press. pp. 176-182
Staying focused on the big picture: should Australia legislate for corporate manslaughter based on the United Kingdom model?
Taylor, Des and Mackenzie, Geraldine. 2013. "Staying focused on the big picture: should Australia legislate for corporate manslaughter based on the United Kingdom model?" Criminal Law Journal. 37 (2), pp. 99-113.
Bargaining in the shadow of the law - using utility functions to support legal negotiation
Zeleznikow, John, Bellucci, Emilia, Schild, Uri J. and Mackenzie, Geraldine. 2007. "Bargaining in the shadow of the law - using utility functions to support legal negotiation." 11th International Conference on Artificial Intelligence and Law. Stanford, United States 04 - 08 Jun 2007 New York, NY, United States. https://doi.org/10.1145/1276318.1276365
Consistency in sentencing and discounts for guilty pleas
Mackenzie, Geraldine. 2006. "Consistency in sentencing and discounts for guilty pleas." 20th Conference of the International Society for Reform of the Criminal Law (ISRCL 2006). Brisbane, Australia 02 - 06 Jul 2006 Vancouver, BC. Canada.
An enduring influence: Sir Samuel Griffith and his contribution to criminal justice in Queensland
Mackenzie, Geraldine. 2002. "An enduring influence: Sir Samuel Griffith and his contribution to criminal justice in Queensland." QUT Law Review. 2 (1), pp. 53-63.
Soft on crime, not doing the time: the media, law and order and the criminal justice system
Mackenzie, Geraldine. 2007. "Soft on crime, not doing the time: the media, law and order and the criminal justice system." 21st Conference of the International Society for Reform of the Criminal Law (ISRCL 2007). Vancouver, Canada 22 - 26 Jun 2007 Vancouver, BC. Canada.
The art of balancing: Queensland judges and the sentencing process
Mackenzie, Geraldine. 2003. "The art of balancing: Queensland judges and the sentencing process." Alternative Law Journal . 28 (6), pp. 288-291.
From prison hulks to penalties and sentences in Queensland: lessons learned or history repeated?
Mackenzie, Geraldine. 2005. "From prison hulks to penalties and sentences in Queensland: lessons learned or history repeated?" Queensland Lawyer. 25 (4), pp. 181-192.
Achieving consistency in sentencing: moving to best practice
Mackenzie, Geraldine. 2002. "Achieving consistency in sentencing: moving to best practice." University of Queensland Law Journal. 22 (1), pp. 74-90.
The Hanson trial: please explain?
Mackenzie, Geraldine. 2004. "The Hanson trial: please explain?" Southern Cross University Law Review. 8, pp. 162-176.
What really happened versus what we can prove: tension between the coroner and the DPP
Mackenzie, Geraldine, Stobbs, Nigel and Thomas, Mark. 2007. "What really happened versus what we can prove: tension between the coroner and the DPP." Indigenous Law Bulletin. 6 (24), pp. 6-10.
Summary offences law and practice Queensland, 2006 ed.
Mackenzie, Geraldine. 2006. Summary offences law and practice Queensland, 2006 ed. Sydney, Australia. Lawbook Co..
Summary offences law and practice Queensland, 2005 ed.
Mackenzie, Geraldine. 2005. Summary offences law and practice Queensland, 2005 ed. Sydney, Australia. Lawbook Co..
Summary offences law and practice Queensland, 2004 ed.
Mackenzie, Geraldine. 2004. Summary offences law and practice Queensland, 2004 ed. Sydney, Australia. Lawbook Co..
Summary offences law and practice Queensland, 2003 ed.
Mackenzie, Geraldine. 2003. Summary offences law and practice Queensland, 2003 ed. Sydney, Australia. Lawbook Co..
Summary offences law and practice Queensland, 2002 ed.
Mackenzie, Geraldine. 2002. Summary offences law and practice Queensland, 2002 ed. Sydney, Australia. Lawbook Co..
How judges sentence
Mackenzie, Geraldine. 2005. How judges sentence. Annandale, NSW, Australia. Federation Press.
Criminal law in Queensland and Western Australia
Burton, Kelley Jean and Mackenzie, Geraldine. 2006. Criminal law in Queensland and Western Australia. Sydney, Australia. Butterworths.
Summary offences law and practice Queensland, 2007 ed.
Mackenzie, Geraldine. 2007. Summary offences law and practice Queensland, 2007 ed. Sydney, Australia. Lawbook Co..
Sentencing
Mackenzie, Geraldine. 2002. "Sentencing." The Queensland law handbook, 7th ed.. Brisbane, Australia. Caxton Legal Centre Inc..
Sentencing
Mackenzie, Geraldine. 2005. "Sentencing." Hodge, Michael and Oosthuisen, Desire (ed.) The Queensland law handbook, 8th ed.. Brisbane, Australia. Caxton Legal Centre Inc.. pp. 643-653
Sentencing
Mackenzie, Geraldine. 2007. "Sentencing." Trevino, Joshua (ed.) The Queensland law handbook, 9th ed.. New Farm, Qld, Australia. Caxton Legal Centre Inc.. pp. 696-706
Decision support for criminal sentencing and plea bargaining
Mackenzie, Geraldine, Vincent, Andrew and Zeleznikow, John. 2007. "Decision support for criminal sentencing and plea bargaining." Galves, F. (ed.) 5th IASTED International Conference on Law and Technology (LawTech 2007). Berkeley, United States 24 - 26 Sep 2007 Calgary, Canada.
The guilty plea discount: does pragmatism win over proportionality and principle?
Mackenzie, Geraldine. 2007. "The guilty plea discount: does pragmatism win over proportionality and principle?" Southern Cross University Law Review. 11, pp. 205-223.