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Publication
Words matter: Judges’ value judgments in sentence pronouncements remarks.
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Advisor(s)
Abstract(s)
This study examines judges’ value judgments on their remarks during sentence
pronouncements. We performed a content analysis of 93 sentence pronouncements
from the 13 judges from a Portuguese criminal court. Within these discourses,
299 discourse units were codifed as judges’ value judgments, that is, personal
contents beyond strict legal issues. From these 299, 107 were recommendations
(comprehending advice to change, to not reofend, to rethink life, and action
instructions), and 192 were opinions about the individual, the society, and the judicial
system. The existence of value judgments in sentence pronouncements carries
important implications for the sentencing process. Namely, these value judgments
allow the identifcation of judges’ personal ideas, and issues particularly vulnerable
for simplistic reasonings, as well as subjective considerations. This identifcation
and the discussion on the powerful role of language in the context of sentencing
are key features to strengthen judges’ training and, consequently, to improve the
implementation of penal justice.
Description
Keywords
Sentencing Penal justice Judicial decision-making process Judges Value judgements Sentence pronouncements Qualitative methodology Judges’ training
Citation
de Castro Rodrigues, A., Cunha, O. S., de Oliveira, J. Q., Gonçalves, R. A., & Sacau-Fontenla, A. (2023). Words matter: judges’ value judgments in sentence pronouncements remarks. Crime, Law and Social Change. https://doi.org/10.1007/s10611-023-10097-8
Publisher
Springer Netherlands