Volume 29, Issue 2
DOI: 10.24205/03276716.2020.382
AN EMPIRICAL ANALYSIS OF PSYCHOLOGICAL FACTORS AFFECTING SENTENCING DECISIONS OF JUDGES
Abstract
Psychological factors can influence the sentencing situation and the attitude of judges, exerting direct or indirect influence on sentencing decisions. This paper empirically analyses the psychological factors that affect the sentencing decisions of judges. A total of 80 local judges from different regions of China were selected and asked to rate seventeen reasons related to sentencing decision-making. The results show that, if a judge handles an influential case in an undisturbed environment, his/her sentencing decision is not greatly affected by psychological factors, i.e. the psychological factors have an unobvious incentive or inhibition effect on the reasons for decision making; The few judges who adjust their decisions under psychological factors tend to take more factors into consideration, reflecting the thinking mode of political judges; the motives and goals of the other judges are clear and concise, preventing them from being swayed by psychological factors. The research results provide new insights into the training of high-quality judges.
Keywords
Sentencing Decision, Psychological Factors, Empirical Research, Judges.