Public Attitudes and Sentencing: Towards a comprehensive understanding David Indermaur.
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Transcript of Public Attitudes and Sentencing: Towards a comprehensive understanding David Indermaur.
Public Attitudes and Sentencing:
Towards a comprehensive understanding
David Indermaur
Introduction
Members of the general public typically:
– Rely on mass media as the primary source of information on crime and justice issues
– Have little accurate knowledge of crime and the criminal justice system
– Have little confidence in the courts
– Think sentences are too lenient
– Think of violent and repeat offenders when reporting that sentences are too lenient
Key Findings From Literature
Public Opinion Polls• Broad questions posed in a
simplistic way
•Assumes respondents have necessary information to be able to answer OR the questioner is not interested in attitudes that depend on information •Taps into stereotypes• Encourages ‘Top of the head’ responding
• Attitudes reported in opinion polls are essentially print outs of values seen as relevant to the question and the situation
Public Opinion or Informed Public Opinion?
–Furman v. Georgia
• If public opinion is to be used as a basis for policy, and that opinion will be influenced by information, then the only suitable basis for policy is informed public opinion.
Top of head responses VS Considered judgements
What is informed opinion? Three are three distinct elements to informed public
opinion
1. Information
2. A deliberate or decision taking posture
3. A sense of responsibility or accountability for the decision made
Essential it reflects the difference between a considered decision from an uninformed opinion.
3. Informed public opinion
IPO has been tapped through a range of methods including:
‘planning cells’,
‘deliberative polling’,
‘consensus conferences’,
‘citizen panels’ and
‘citizens’ juries’.
Common to all these is the deliberative component - participants are provided with information, encouraged to discuss and challenge the information, and consider each other’s views before making a decision or recommendation
Tony Blair Takes Questions - UK Deliberative Poll
Europe Today: First-ever deliberative poll on Europe
Al Gore Deliberative Poll 1996
Australian Deliberative Poll - Introduction
Comparison of the three types of approach used to measure
informed attitudes to sentencing Manchester Deliberative Poll
Home Office Studies
Death Penalty Attitude Studies
Representative sample? No Yes No
Control group? No Yes Yes
Information isolated? No Yes Yes
Durability tested? Yes No Yes
Expectancy effect controlled?
No Yes No
Deliberation engendered? Yes Partially Yes
Our Research
• Can punitiveness be ameliorated through providing information and encouraging deliberation?
• Builds on previous research by:
–Using large nationally representative sample–Presenting information in ways to engender 3 components of informed public opinion–Including a control group–Measuring the sustainability of any effect over time
Project Team• Chief Investigators;
–Prof Geraldine Mackenzie (Bond) (lead CI)–Dr David Indermaur (UWA)–Prof Rod Broadhurst (ANU)–Prof Kate Warner (UTAS)–Dr Lynne Roberts (Curtin)–Nigel Stobbs (QUT)
• Additional team members/contributors–Dr Karen Gelb, Senior Criminologist, Victorian Sentencing Advisory Council–Research assistance: Dr Caroline Spiranovic (Bond), Dr Thierry Bouhours (ANU), Dr Claire Ferguson (Bond)
Exemplar of Informed Public Opinion on Sentencing: The Jury
• Group of citizens engaged in a particular manner so that they become highly informed and responsible and, as much as possible, they are encouraged to deliberate deeply
Key findings from looking at the effect of information and context
• Information may be important but its effects are heavily conditioned by context and context affects the meaning given to information.
• A better way of understanding the issue is to see it in terms of the role of the public, the posture taken towards the issue. It is indeed perverse to consider the public position independent of these contextual factors.
The Dilemma for Crime Policy
• Expressive emotions provide a magnetic attraction for political leverage.
• It is thus fundamental that the expressive value of punishment needs to be named as such so that it is not confused with a considered or accountable policy.
• We need to find a way of addressing the conflict between responsible policy making and popular punitiveness.
• Here the engagement of the public is vital
Reference
Indermaur, D. , Roberts, L., Spiranovic, C., Mackenzie, G. and Gelb, K. (2012)
A matter of judgment: The effect of information and deliberation on public attitudes to punishment
Punishment and Society 14 (2) 147-165