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International projects source: SICRIS

Sentencing architecture: Building a decision-making matrix

Keywords
punishment, sentencing, decision-making, judges, prosecutors
Organisations (1) , Researchers (6)
0504  Institute of Criminology at the Faculty of Law
no. Code Name and surname Research area Role Period No. of publicationsNo. of publications
1.  53749  Marko Balažic  Law  Researcher  2025 - 2026  44 
2.  60328  Lovrena Jeromelj  Law  Researcher  2026  15 
3.  50968  PhD Dean Lipovac  Law  Researcher  2025 - 2026  82 
4.  60511  PhD Miha Marčenko  Law  Researcher  2025 - 2026  14 
5.  29615  PhD Mojca Mihelj Plesničar  Criminology and social work  Head  2025 - 2026  395 
6.  55956  Manja Skočir  Law  Young researcher  2025 - 2026  69 
Abstract
"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."
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