The Influence of Evidentiary Weight in Judicial Sentencing Decisions: A Qualitative Analysis of Judicial Perceptions

• In Event: The Impact of the Type and Strength of Evidence on Sentencing Decisions

Abstract

The existing literature suggests that both legal and extra-legal factors influence judicial sentencing decisions, yet little attention has focused on the direct relationship between the weight and type of evidence linking the defendant to the crime and post-conviction sentencing decisions. Since the sentencing phase occurs after the defendant’s guilt is established through a guilty plea or verdict, the weight and type of evidence used to establish guilt should have little or no bearing at sentencing. This study examines how the type (e.g. forensic or witness based) and strength of evidence presented during the guilt phase of the criminal justice proceedings influences judicial sentencing decisions. Through in-depth qualitative interviews with New York State judges presiding over a variety of felony cases, judicial perceptions regarding the probative value of various evidentiary forms are explored. Additionally, hypothetical case scenarios are used to investigate the implicit influence of evidentiary type and strength on sentence length.

Author

• Esther Nir, Rutgers University