Quasirational models of sentencing
Article
Dhami, M., Belton, I. and Goodman-Delahunty, J. 2015. Quasirational models of sentencing. Journal of Applied Research in Memory and Cognition. 4 (3), pp. 239-247. https://doi.org/10.1016/j.jarmac.2014.07.009
Type | Article |
---|---|
Title | Quasirational models of sentencing |
Authors | Dhami, M., Belton, I. and Goodman-Delahunty, J. |
Abstract | Cognitive continuum theory points to the middle-ground between the intuitive and analytic modes of cognition, called quasirationality. In the context of sentencing, we discuss how legal models prescribe the use of different modes of cognition. These models aim to help judges perform the cognitive balancing act required between factors indicating a more or less severe penalty for an offender. We compare sentencing in three common law jurisdictions (i.e., Australia, the US, and England and Wales). Each places a different emphasis on the use of intuition and analysis; but all are quasirational. We conclude that the most appropriate mode of cognition will likely be that which corresponds best with properties of the sentencingtask. Finally, we discuss the implications of this cognition-task correspondence approach for researchers and legal policy-makers. |
Keywords | Dual processes, quasirationality, intuition, analysis, sentencing, judicial decision-making |
Publisher | Elsevier |
Journal | Journal of Applied Research in Memory and Cognition |
ISSN | 2211-3681 |
Publication dates | |
Online | 04 Aug 2014 |
01 Sep 2015 | |
Publication process dates | |
Deposited | 12 May 2015 |
Submitted | 01 Jan 2014 |
Accepted | 28 Jul 2014 |
Output status | Published |
Publisher's version | License |
Digital Object Identifier (DOI) | https://doi.org/10.1016/j.jarmac.2014.07.009 |
Language | English |
https://repository.mdx.ac.uk/item/854y9
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