Premium
The myth of judicial leniency in sentencing
Author(s) -
Diamond Shari Seidman,
Stalans Loretta J.
Publication year - 1989
Publication title -
behavioral sciences and the law
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.649
H-Index - 74
eISSN - 1099-0798
pISSN - 0735-3936
DOI - 10.1002/bsl.2370070106
Subject(s) - mythology , recall , divergence (linguistics) , psychology , law , social psychology , criminology , political science , cognitive psychology , history , philosophy , linguistics , classics
Abstract Opinion polls report that the pubic is increasingly critical of perceived judicial leniency in sentencing. To examine the degree and pattern of judicial leniency, Illinois judges and laypersons were asked to impose sentences on the same offenders. Contrary to the myth of judicial leniency, the sentences given by laypersons tended to be equal to or less severe than those given by judges. Explanations are offered for the divergence between myth and reality, including the availability heuristic and the impact of biased recall.