Citation

Keijser JW, Koppen PJ. Leg. Crim. Psychol. 2007; 12(2): 189-205.

Copyright

(Copyright © 2007, British Psychological Society, Publisher John Wiley and Sons)

DOI

10.1348/135532506X118721

PMID

unavailable

Abstract

Purpose. This study focuses on two psychological mechanisms that may inadvertently affect judges' decisions on proof of guilt and on punishment. It involves mechanisms that are clearly in conflict with formal judicial doctrine. One hypothesis, the conviction paradox, asserts that, faced with very serious offences, a judge's standard of proof will be lower than for less serious, but otherwise comparable, offences. A second hypothesis, compensatory punishment, asserts that in cases with relatively weak evidence, judges who nevertheless render a guilty verdict will be inclined to compensate their initial doubt on the matter of guilt by meting out a less severe sentence.