Criminal Sentencing by Preferred Numbers

Abstract

Criminal sentencing is a complex cognitive activity often performed by the unaided mind under suboptimal conditions. As such, sentencers may not behave according to policy, guidelines, or training. We analyzed the distribution of sentences meted out in one year in two different jurisdictions (i.e., England and Wales, and New South Wales, Australia). We reveal that sentencers prefer certain numbers when meting out sentence lengths (in custody and community service) and amounts (for fines/compensation). These “common doses” accounted for over 90 percent of sentences in each jurisdiction. The size of these doses increased as sentences became more severe, and doses followed a logarithmic pattern. Our findings are compatible with psychological research on preferred numbers and are reminiscent of Weber's and Fechner's laws. The findings run contrary to arguments against efforts to reduce judicial discretion, and potentially undermine the notion of individualized justice, as well as raise questions about the (cost) effectiveness of sentencing.

Number 19: Another Victim of the COVID-19 Pandemic?

“… 5 Although conscious selection seems to refer to deliberate choices, preferences for numbers can be unconscious. For example, in the criminal context, Dhami et al ( 2020 ) show that sentencers prefer certain numbers when meting out the sentence length (for custody and community service) and penalty amount (for fines/compensation). …”