東華大學圖書館 |

語系: 繁體中文

說明(常見問題)

回圖書館首頁

手機版館藏查詢

登入

回首頁

切換: 標籤 | MARC模式 | ISBD

FindBook

Google Book

Amazon

博客來

Legal and Extralegal Factors Affecting Sentencing: The Domestic Nature, Judicial Transparency, and Types of Counsel.

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	Legal and Extralegal Factors Affecting Sentencing: The Domestic Nature, Judicial Transparency, and Types of Counsel./
作者:	Peng, Yali.
出版者:	Ann Arbor : ProQuest Dissertations & Theses, : 2022,
面頁冊數:	144 p.
附註:	Source: Dissertations Abstracts International, Volume: 83-12, Section: A.
Contained By:	Dissertations Abstracts International83-12A.
標題:	Law. -
電子資源:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=29162994
ISBN:	9798834008057

Legal and Extralegal Factors Affecting Sentencing: The Domestic Nature, Judicial Transparency, and Types of Counsel.
Peng, Yali.

Legal and Extralegal Factors Affecting Sentencing: The Domestic Nature, Judicial Transparency, and Types of Counsel. - Ann Arbor : ProQuest Dissertations & Theses, 2022 - 144 p.

Source: Dissertations Abstracts International, Volume: 83-12, Section: A.

Thesis (J.S.D.)--The University of Chicago, 2022.

This item must not be sold to any third party vendors.

The purpose of this dissertation is to examine three factors that can influence sentencing: the domestic nature of the crime, the type of attorney, and the level of judicial transparency. Normatively, the part on the domestic nature examines how it should be approached. In contrast to other sentencing factors, such as criminal histories for which jurisdictions adopt a uniform approach, each jurisdiction treats the domestic factor differently. The domestic nature may serve both as a mitigating as well as an aggravating factor. There has been a shift in attitudes concerning family values in society. In spite of the potential legislative developments, I have argued in this part that traditional mores widely shared across the criminal justice system tend to result in a lack of deterrence of domestic violence offenders. Consequently, the progressively aggravated sentence scheme is introduced as a second-best solution in order to counter the backlash from the legal enforcement side and to enhance the effectiveness of punishment as a deterrent. The remaining two parts are empirically based on econometric models. In the segment of the dissertation dealing with the impact of judicial transparency, a complete dataset for all intentional injury judgments from a Chinese court before and after the introduction of mass publication requirements (2012-2017) was analyzed. Upon mass publication, judgments have become longer, sentences have become more consistent, and the severity of sentences has decreased. The part which examined the influence of different types of counsel on sentencing utilized a hand-coded dataset of Chinese murder cases. It was found that the sentences of cases represented by private lawyers and legal aid attorneys were not significantly different. Furthermore, it rejects the hypothesis that the type of lawyer has played a major role in sentencing.

ISBN: 9798834008057Subjects--Topical Terms:

600858
Law.
Subjects--Index Terms:

Criminal law

Legal and Extralegal Factors Affecting Sentencing: The Domestic Nature, Judicial Transparency, and Types of Counsel.
LDR:02961nmm a2200313 4500 001 2352565
005 20221128104019.5
008 241004s2022 ||||||||||||||||| ||eng d
020 $a 9798834008057
035 $a (MiAaPQ)AAI29162994
035 $a AAI29162994
040 $a MiAaPQ $c MiAaPQ
100 1 $a Peng, Yali. $3 3184674
245 1 0 $a Legal and Extralegal Factors Affecting Sentencing: The Domestic Nature, Judicial Transparency, and Types of Counsel.
260 1 $a Ann Arbor : $b ProQuest Dissertations & Theses, $c 2022
300 $a 144 p.
500 $a Source: Dissertations Abstracts International, Volume: 83-12, Section: A.
500 $a Advisor: McAdams, Richard H.;Hubbard, William.
502 $a Thesis (J.S.D.)--The University of Chicago, 2022.
506 $a This item must not be sold to any third party vendors.
520 $a The purpose of this dissertation is to examine three factors that can influence sentencing: the domestic nature of the crime, the type of attorney, and the level of judicial transparency. Normatively, the part on the domestic nature examines how it should be approached. In contrast to other sentencing factors, such as criminal histories for which jurisdictions adopt a uniform approach, each jurisdiction treats the domestic factor differently. The domestic nature may serve both as a mitigating as well as an aggravating factor. There has been a shift in attitudes concerning family values in society. In spite of the potential legislative developments, I have argued in this part that traditional mores widely shared across the criminal justice system tend to result in a lack of deterrence of domestic violence offenders. Consequently, the progressively aggravated sentence scheme is introduced as a second-best solution in order to counter the backlash from the legal enforcement side and to enhance the effectiveness of punishment as a deterrent. The remaining two parts are empirically based on econometric models. In the segment of the dissertation dealing with the impact of judicial transparency, a complete dataset for all intentional injury judgments from a Chinese court before and after the introduction of mass publication requirements (2012-2017) was analyzed. Upon mass publication, judgments have become longer, sentences have become more consistent, and the severity of sentences has decreased. The part which examined the influence of different types of counsel on sentencing utilized a hand-coded dataset of Chinese murder cases. It was found that the sentences of cases represented by private lawyers and legal aid attorneys were not significantly different. Furthermore, it rejects the hypothesis that the type of lawyer has played a major role in sentencing.
590 $a School code: 0330.
650 4 $a Law. $3 600858
650 4 $a Criminal sentences. $3 3680786
650 4 $a Criminal law. $3 562467
653 $a Criminal law
653 $a Sentencing
690 $a 0398
710 2 $a The University of Chicago. $b Law. $3 1673717
773 0 $t Dissertations Abstracts International $g 83-12A.
790 $a 0330
791 $a J.S.D.
792 $a 2022
793 $a English
856 4 0 $u http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=29162994