Project description
Choice architecture to understand sentencing decisions
The act of sentencing marks an important moment when the state’s power to punish intersects with an individual’s personal freedoms. This process is shaped by a complex set of decision-making dynamics that remain largely unexplored. The ERC-funded Sentrix project aims to enhance our understanding of sentencing decisions through choice architecture. It will develop a comprehensive framework that captures the multi-dimensional ‘sentencing environment’, focusing on elements such as judicial discretion and procedural nuances. Rather than simply distinguishing between legal and non-legal factors, the project emphasises the mechanics of sentencing by using a meta-analysis of existing literature, workshops, courtroom observations, and interviews. This initiative seeks to influence legal and policy reforms to improve the fairness of the justice system.
Objective
"The act of sentencing represents a critical juncture at which the power of the state to punish intersects with the personal freedoms of the individual. It is governed by an intricate set of decision-making dynamics, for which we lack a cohesive understanding. This ground-breaking project seeks to fill this gap by introducing a fresh perspective rooted in choice architecture, aiming to devise a comprehensive theoretical matrix that systematically captures the multi-dimensional nature of sentencing decisions.
Employing the notion of the decision-making environment, the project seeks to map out the ""sentencing environment"" – a concept that includes both well-researched elements like judicial discretion and less examined factors such as procedural nuances and habitual decisions. The objective is to move beyond the dichotomy of legal vs. non-legal factors, using choice architecture in a non-traditional way: not to guide decisions but to understand the sentencing landscape and its mechanics.
The methodology encompasses a metanalysis of existing literature supplemented by workshops, and testing the initial findings through courtroom observation, interviews, and experiments with practitioners to develop a typology of sentencing frameworks. These will be tested against real-world practices and subjected to computer simulations using agent-based modeling, providing a visual representation of the sentencing environment.
The project is pioneering for several reasons. Firstly, it unites fragmented research into a holistic picture, employing an interdisciplinary approach that promises greater transparency in sentencing. Secondly, it uses visualization and simulation as tools for communication and strategic reform, potentially influencing legal and policy directions. Lastly, it offers insights into how various sentencing dimensions interact with human decision-making, contributing to a fairer justice system and a deeper understanding of legal behaviour."
Keywords
Programme(s)
- HORIZON.1.1 - European Research Council (ERC) Main Programme
Topic(s)
Funding Scheme
HORIZON-ERC - HORIZON ERC GrantsHost institution
1000 Ljubljana
Slovenia