法学外文翻译--酒后驾驶量刑的歧视性分析-外文文献翻译

1、外文文献及翻译 中文+英文 16094字数Sentencer and Offender Factors as Sources of Discrimination in Magistrates Penalties for Drinking Drivers Discriminations in penalties were related to offenders legally relevant prior offenses and blood alcohol concentrations, and extralegal variables of offender age, gender and employment status. Men were treated more harshly than women, and young offenders more harshly than all other offenders except those over 56 years. Unemployed offenders were fined less, but disqualifi

2、ed for longer than offenders in the workforce. Magistrates orientations and court interacted with offense categories to produce further differences related to blood alcohol concentration and recidivism. KEY WORDS: sentencing; justice; discrimination; discretion. How do magistrates determine just penalties for a common offense that causes death, injury, and property damage, but has questionable status as a crime (Gusfield, 1981)? Are sentencers determinations influenced mostly by offense and offe

3、nder characteristics, by magistrates sentencing orientations, or by combinations of sentencer and case factors? The aim of this research was to examine the factors influencing magistrates penalties for the socially pertinent offense of drink-driving. (We use the Australian term drink-driving rather than the American term drunk driving through- out.) Our first task was to carry out a comprehensive empirical analysis of penalties that incorporated magisterial, case, and institutional factors in th

4、e same statistical model. Then we sought to apply the extensive analyses to the justice issue of how much sentencers attend to legally defined, justifiable or legitimized factors, and how much they attend to offender characteristics such as gender and social class. Attention to offender characteristics is not prescribed in formal law, and while normally referred to as extralegal variables, they also have been called legally-irrelevant Although there is contradictory evidence about the exact infl

5、uence of extralegal offender characteristics (Hagan and Bumiller, 1983), there are sufficient indications of their intrusions into sentencing deliberations to warrant continued public concern and thorough empirical investigation. Even after the introduction of the influential Minnesota Sentencing Guidelines, Miethe and Moore (1985) and Moore and Miethe (1986) found that gender, employment, and educational levels had a major impact on prison sentences. Sentencers adjusted guideline penalties to f

6、it their sentencing philosophies. The pressing research issue is to determine how much differences in penalties are influenced by sentencers unwarranted, legally irrelevant discriminations between offenders, as opposed to their appropriate attention to legally relevant case de- tails. Campaigns to reduce drinking provide a unique opportunity for analyzing how justice is dispensed, since sentencing outcomes and the sentencers contribution can be specified in ways not normally achievable in crimin

7、ological research, and since offenders include many persons of good character who normally would not appear in court (Homel, 1988; Wood, 1990). Australian state parliaments have responded to the social cost of drinking and driving by tying penalties to graded levels of offenses defined by combinations of blood alcohol levels and recidivism, and this action automatically limits magistrates discretionary powers. Consequently, the scope of individual sentencers deliberations is constrained by circu

8、mscribed ranges of penalties, at the same time that they are informed by public and media attention to the road toll (Homel, 1990). In such a situation, it is possible to investigate how magistrates apply their perspectives to the fundamental case information specified by the legislation, in relation to other information about offenders appearing before them. An effective strategy for understanding sentencing behaviors involves analyzing how sentencer and case factors interact (Hagan, 1975; Hoga

9、rth, 1971. McFatter, 1986), although analytic procedures for encapsulating these interactions are no simpler than the explanations they seek to supply. For example, Grossman (1966), Green (1961), and Hood and Sparks (1970) agree about the futility of seeking one-to-one associations between a judges background and the judicial decisions he or she produces. Different sentencer factors will be considered relevant in any empirical analysis, depending on the researchers interests and commitments, with consequent possibilities of variations in explanatory power. For instance, theoretical assumptions of stable personal traits and attitudes are likely to lead to analyses that do not look for intrasentencer variability in response to differ

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