An Empirical Study of Sentencing for the Offence of Homicide An Empirical Study of Sentencing for the Offence of Homicide
Date Issued
2012
Date
2012
Author(s)
Tsai, Tsai-Chen
Abstract
Sentencing and determining the fact of crime are two major subjects of criminal trial and also the method for the realization of the national power of criminal punishment. Whether the sentencing is proper , it is the key performance indicator of national human rights and the level of law and order. Though different legal systems and national conditions in different countries create different problems of sentencing discrimination ,but the solution of these problems has worldwide become a juridical issue and the key point of judicial reform. The top priority is to establish the criterions of sentencing and to make it localized, and be soundly and scientifically examined, by learning the legal systems of other nations and based on our existing legal system and resources,.
This thesis considered the regulatory objectives of criminal punishment and observed the other nations’ sentencing guidelines and enforcement. Then, based on the criminal law system of our nation and its practice, starting from the theoretical perspectives, the thesis chose the factors may affecting the determination of penalty of the crime of killing, collected the court decisions on the crime of killing cases as samples, analyzed the factors substantially influencing the penalty decision of judge and the significance of each factor, and built the model predicting the penalty determination of judges. The following briefly introduce the contents of each chapter.
Chapter 1 is Introduction, Background, Motivations of the Study, and the Scope and Purpose of this study.
Chapter 2 mainly introduced the objective theories of sentencing and based on which the proportionate punishment to crimes should be considered.
Chapter 3 introduced the examples of legislation on sentencing, including the backgrounds, origins, and contents, in the United States of America, the United Kingdom, Australia, Japan, Germany, and the Netherlands.
Chapter 4 explained, based on the aspects of the legal system and practice, how our courts have applied the sentencing and what ought to be improved; meanwhile, the abstract criterions on the sentencing were explained concretely and respectively and the questions raised from some certain issues were clarified in details.
Chapter 5 focused on the two stages on choosing the type of the major crime and the length of penalty duration when a judge is to determine the penalty. Two models in economics were employed: the Ordered Probit model and the Heckman’s two-step estimation model. In the first stage, the formula was established to estimate the possibility a judge sentences among the three major type of penalty: the penalty of death, eternal in prison, or in prison with a finite period; this formula would be used to predict the type of major penalty to be sentenced. Stage two, when the in prison with finite period is sentenced, this chapter established a formula to predict the length of staying in prison.
Chapter 6 summarized the aforementioned chapters and suggested the progress on establishing the criterions for sentencing .
Subjects
sentencing factor
sentencing guideline
sentencing discretion
the purpose of sentencing
the notion of retaliation by punitive punishment
principle of sentencing
corresponding liabilities with culpabilities
the principle of proportionality
the principle of equality
outer limit
inner limit
right of defense
choose principal punishment
imprisonment for a term
imprisonment for life
penalty of death
empirical Study
offence of homicide
regression analysis
Econometrics
explanatory variable
chi-square tests
marginal influence
predict of sentencing
Ordered Probit model
Heckman’s two-step consistent estimator
Parameter
corresponding coefficient
Type
thesis
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