Subjectivity in sentencing.

Abstract

The present paper describes a model of choice behavior based on a combination of personal construct theory and multiattribute utility theory. This model has been applied to the sentencing of offenders by magistrates with a high degree of success. The data collected from magistrates are also used to indicate extent of agreement in sentencing and to illustrate problems associated with verbal measures of construct similarity. Finally, it is suggested that the model has a wide range of application in both legal and nonlegal contexts.

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