Quasirational models of sentencing

Dhami, Mandeep K. ORCID logoORCID: https://orcid.org/0000-0001-6157-3142, Belton, Ian and Goodman-Delahunty, Jane (2015) Quasirational models of sentencing. Journal of Applied Research in Memory and Cognition, 4 (3) . pp. 239-247. ISSN 2211-3681 [Article] (doi:10.1016/j.jarmac.2014.07.009)

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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.

Item Type: Article
Keywords (uncontrolled): Dual processes, quasirationality, intuition, analysis, sentencing, judicial decision-making
Research Areas: A. > School of Science and Technology > Psychology
Item ID: 15940
Useful Links:
Depositing User: Mandeep Dhami
Date Deposited: 12 May 2015 16:36
Last Modified: 29 Nov 2022 22:31
URI: https://eprints.mdx.ac.uk/id/eprint/15940

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