SVIBOR - Project code: 6-06-151

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Project code: 6-06-151

SUBJECTIVE AND OBJECTIVE FACTORS IN ADMINISTERING PUNISHMENT

Main researcher: TABAKOVIĆ, ĐURO (48832)

Assistants

SUŠANJ, ZORAN (137662)

Type of research: basic
Duration from: 01/01/91. to 12/31/93.

Papers on project (total): 7

Institution name: Pedagoški fakultet, Rijeka (9)
Department/Institute: Department of psychology
Address: Josipa Brusića 1, 51000 Rijeka
City: 51000 - Rijeka, Croatia

Communication: Phone: 385 (0)51 218 692, 218 696; Fax: 385 (0)51 218 886

Summary: The factors the court considers as being competent in selecting and administering the sanctions have been established on the specimen of a definitetype of criminal offence. A greater number of nonprofessional judges separately administered a punishment to the same criminal offender. The differences among the punishments for the same offence were found out. These punishments are correlated to the certain judges' peculiarities. Unquestionably, besides the objective factors, some subjective factors influence the administering of the punishment as well. Some mentally deficient perpetrators have been examined, too.

Keywords: judical decision, non-uniformity of punishmnet, punishment mistakes, subjectivity of the verdict, adequate punishment, citizens' verdict, subjective factors of punishment

Research goals: No objective instruments exists for measuring the administering of court verdicts for offences committed. What exists are general rules including the liberty of judical convictions. It is also known that the verdicts are not uniform, i.e. not objective and reliable enough. Since the objectivity and reliability influence the validity, the lack of uniformity reflects unfavourably upon the effect of the verdict and punishment respectively, which, again, is conditioned by a fact that the administering of judical punishment is influenced by some objective as well as subjective factors. The aim of this project is to establish the influence of some subjective and objective factors to punishment administering, which would also enable one to realize the causes of non-uniformity of judical verdicts and make it possible to explain the manifestation itself and therefore present foundations for acting towards the decrese of non-uniformity of punishment.

Other information about the project.


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