Sentences and Prosecutors' Demands for Aggravated Drunk Driving in Finland

Pekka Pere, Mika Sutela, Tuomas Lahti

Research output: Contribution to journalArticleScientificpeer-review

Abstract

Sentences and prosecutors’ demands for aggravated drunk driving are
categorised into three classes: The sentence is more lenient than, is com-
patible with, or is harsher than the prosecutor’s demand. The probability of
a sentence falling into one of the three ordered categories is explained by a
cumulative logit model. The following circumstances affect the probability
of a more lenient or harsher sentence, in decreasing order of importance:
driving a truck, facing at least four counts, having a legal assistant, and
being present in the trial. The hypothesis that factors known by the
prosecutor, at the time of writing the demand, should not systematically
affect sentences is refuted. The judges assess circumstances differently
than the prosecutors. The prosecutors’ role is nevertheless prominent in
the sense that the sentences follow, to a great extent, their demands.
Notable gender effects of the actors in the courtroom are found.
Original languageEnglish
Pages (from-to)157-175
Number of pages19
JournalInternational Journal of Comparative and Applied Criminal Justice
Volume42
Issue number2-3
DOIs
Publication statusPublished - 2018
Externally publishedYes
Publication typeA1 Journal article-refereed

Keywords

  • Prosecutor’s demand
  • legal praxis
  • anchoring effect
  • drunk driving
  • cumulative logit
  • regression
  • Finland

Publication forum classification

  • Publication forum level 1

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