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Sentencing rationales, judicial discretion, and the practice of criminal fines in Israel

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  • Einat, Tomer

Abstract

Much attention has been paid over the last three decades to the examination of the criminal fine, its administration, enforcement policies, and effectiveness. Yet, one research topic has often been overlooked: the link between sentencing rationales, judiciary discretion, and fining policy. The present research, based upon ninety hours of phenomenological semi-structured interviews undertaken in a random sample of forty active Israeli magistrates, six hundred verdicts, and quantitative data regarding the fining policy in Israel, analyzed the degree of harmony/disparity between these variables. The main findings revealed lack of confidence in the ability of the criminal fine to successfully achieve different penal objectives, scarcity of knowledge of actual fining administration procedures, and a high degree of harmony between fining rationales and ideology.

Suggested Citation

  • Einat, Tomer, 2008. "Sentencing rationales, judicial discretion, and the practice of criminal fines in Israel," Journal of Criminal Justice, Elsevier, vol. 36(5), pages 444-452, September.
    • Handle: RePEc:eee:jcjust:v:36:y::i:5:p:444-452
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    1. Gary S. Becker, 1974. "Crime and Punishment: An Economic Approach," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 1-54, National Bureau of Economic Research, Inc.
    2. Isaac Ehrlich, 1996. "Crime, Punishment, and the Market for Offenses," Journal of Economic Perspectives, American Economic Association, vol. 10(1), pages 43-67, Winter.
    3. Waldfogel, Joel, 1995. "Are Fines and Prison Terms Used Efficiently? Evidence on Federal Fraud Offenders," Journal of Law and Economics, University of Chicago Press, vol. 38(1), pages 107-139, April.
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    Cited by:

    1. Piotr Wajszczyk, 2016. "Informal Institutions in the Corporate Governance System in Russia," Annales. Ethics in Economic Life, University of Lodz, Faculty of Economics and Sociology, vol. 19(4), pages 113-121, December.

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