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The Decision-Making Process in Punishment Imposition: Four Factors of Public Perception in Russia

Author

Listed:
  • Zinaida M. Pogosova

    (National Research University Higher School of Economics)

  • M Nizhnik

    (National Research University Higher School of Economics)

  • Henry Penikas

    (National Research University Higher School of Economics)

Abstract

The “ignorance of law” defense is often used as an argument to decrease the degree of punishment assigned to a convicted criminal. Previous research has identified that the degree of punishment is, inter alia, impacted by the perceived morality of the action and the convicted criminal’s knowledge of the law. Compared to previous findings, the current paper contributes to the field of study in three principal ways. First, it analyzes Russian respondents and their perceptions of morality of action (previous studies have dealt with American respondents). Second, the present paper traces the distinction between lawyers’ perceptions and those of laypeople. Third, the quantitative impact of the ignorance of law defense on a trial group is traced by considering the interrelationship of factors determining the ultimate degree of punishment a hypothetical criminal would be sentenced to.

Suggested Citation

  • Zinaida M. Pogosova & M Nizhnik & Henry Penikas, 2015. "The Decision-Making Process in Punishment Imposition: Four Factors of Public Perception in Russia," HSE Working papers WP BRP 56/LAW/2015, National Research University Higher School of Economics.
    • Handle: RePEc:hig:wpaper:56/law/2015
    as

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    File URL: http://www.hse.ru/data/2015/12/14/1134474672/56LAW2015.pdf
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    References listed on IDEAS

    as
    1. Paul Robinson, "undated". "Punishing Dangerousness: Cloaking Preventative Detention as Criminal Justice," Scholarship at Penn Law upenn_wps-1043, University of Pennsylvania Law School.
    2. Sunstein, Cass R, 2000. "Cognition and Cost-Benefit Analysis," The Journal of Legal Studies, University of Chicago Press, vol. 29(2), pages 1059-1103, June.
    3. Raslavičius, Laurencas & Kučinskas, Vytautas & Jasinskas, Algirdas, 2013. "The prospects of energy forestry and agro-residues in the Lithuania's domestic energy supply," Renewable and Sustainable Energy Reviews, Elsevier, vol. 22(C), pages 419-431.
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    More about this item

    Keywords

    public opinion; policy-making; penal policy; punishment theory; just deserts; deterrence; consequentialism; utilitarianism; ignorance of law defense; morality perception; probit.;
    All these keywords.

    JEL classification:

    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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