How Do Judges Decide?
The Search for Fairness and Justice in Punishment
- Cassia Spohn - Arizona State University, USA
Introduction to Judicial Process
How are sentences for federal, state, and local crimes determined?
Is this process fairly and justly applied to all concerned?
How have reforms affected the process over the last 25 years?
Offering a comprehensive overview of the sentencing process in the United States, How Do Judges Decide? The Search for Fairness and Justice in Punishment explores these questions and more. Author Cassia Spohn first discusses the overall concept of punishment and then analyzes individual aspects of it, including the sentencing process, the responsibility of the judge, and disparity and discrimination in sentencing. This Second Edition offers new information on the impact of sentencing reforms, including recent research and case law, updated statistics in tables and figures, and new boxed highlights.
Key Features
- Helps students understand patterns in the wide discretion and latitude given to judges when determining penalties within the framework of the U.S. judicial system
- Engages the reader with "Focus on an Issue" sections, which analyze key issues such as gender and sentencing (Ch.4) and the impact of race on sentencing for drug offenses (Ch.5)
- Examines sentencing reforms and their impact, providing students with up-to-date information on how punishment is meted out in U.S. courts.
- Contains boxed excerpts in each chapter from books and articles, with a variety of case studies on topics such as the O.J. Simpson murder trial, judicial surveys, and comparison of sentences in different jurisdictions by gender
- Offers new material on specialty courts and the prosecutor's role in sentencing
- Concludes each chapter with discussion questions
How Do Judges Decide? is an ideal text for upper-division undergraduate and graduate courses on the judicial system, criminal law, and law and society.
"It is the most comprehensive analysis of sentencing practices in the United States in general, and of how judges decide in particular. It provides ample statistics of the realities of punishment and provides readers with the conclusions from several decades of research investigating judicial discretion."
I adopted How Do Judges Decide which was offered in a package with Criminal Courts, A Contemporary Perspective, by Hemmens etal., which I had selected to use as a text in my course on criminal trial courts. I had previously used web accessed primary and secondary legal materials. While the students were exposed to excellent original legal sources on the web, many expressed a desire to have comprehensive easily accessible material in a convenient format. The Criminal Courts text covers the concepts and topics that are necessary and How Do Judges Decide provides an in depth look at the functioning of judges in the criminal justice system, a function not often understood by my students.
Sample Materials & Chapters
Chapter 4 - Sentencing Disparity and Discrimination
Chapter 6 - The Sentencing Reform Movement
