Discretion in action. Judicial experiences.

• In Event: Sentencing 2. Legal and Extra-Legal Considerations in Judicial Decisonmaking

Abstract

The aim of my paper is to present judicial experiences related to the imposition of punishments such as imprisonment and imprisonment with the conditional suspension of its execution. In Poland, imprisonment is imposed in every third case, while in some cases (approx. 15%) as a conditionally suspended sentence.
Given the significant role that imprisonment plays in the legal system in Poland, I would like to present in detail the diverse and often complicated dilemmas that arise in the context of sentencing by judges. In my analysis, I intend to take into account not only the course of professional careers of judges, which undoubtedly influence their decisions, but also various views they have on the application of criminal punishment. I would also like to draw attention to the circumstances that they consider when deciding on the scope of the sentence, as this is an equally important aspect and often affects the final sentence.
During my presentation, I will also discuss how judges balance between theoretical principles of sentencing and practical limitations imposed by daily court practice. I will examine the specifics of the decision-making process that judges undertake, trying to look from their perspective at what factors influence their choice between different available sentence lengths.
To answer the question of how personal experiences and preferences of judges influence the scope of imprisonment, I conducted individual in-depth expert interviews with judges adjudicating criminal cases in Poland at courts of various levels and instances.

Author

• Dominik Wzorek, Institute of Law Studies, Polish Academy of Sciences