Judges’ sentencing decisions with older offenders

Smith, Martha S.; Schriver, Jennifer L.

doi:10.1080/1068316x.2017.1390117

Cited by 3 publications

(1 citation statement)

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“…They conclude that African Americans were more likely to receive “an intake court referral”, while older juveniles (both white and black) were more likely than younger juveniles to be “referred to intake” (p. 574). Along similar lines, regarding the impact of defendant and plaintiff characteristics on tribunal outcomes in the United States, Smith and Schriver (2018) noted judges' marked tendency to rule in favour of older defendants. The authors found that certain judges perceived older defendants as vulnerable and cognitively impaired.…”

Section: Literature Reviewmentioning

confidence: 89%

The effects of the socio‐demographic factors on judgement building in arbitration

Jafary,

Carrière

2024

Industrial Relations Journal

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This study examines how the socio‐demographic characteristics of arbitrators and of plaintiffs affect arbitrators' judgement bases for arbitration decisions. Two research questions are tested quantitatively based on a data set of arbitration decisions in the Canadian university sector collected from the website of the Canadian Legal Information Institute. We created two models of independent variables related to the socio‐demographic characteristics of arbitrators and plaintiffs. Multinomial logistic regression is used to examine the possible impacts of these variables on the justifications used by arbitrators to explain their decisions. The results indicate that both models significantly influence how arbitrators justify their arbitral decisions. The following variables significantly contribute to the models: arbitrator's age, arbitrator's professional experience in management, plaintiff's gender, and support of the plaintiff by a collective entity (union or association). Young arbitrators are more likely to use “laws” and those who have professional experience in management tend to cite “evidence” to justify their arbitral decisions. Also, arbitrators are more likely to use “evidence” as their judgement basis for male plaintiffs who are supported by a collective entity. The details of these findings, limitations of the study, and future directions for research are further discussed.

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Section: Literature Reviewmentioning

confidence: 89%