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Research Summary
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Understanding of sentencing: community knowledge of sentencing terms and outcomes

Publisher
Sentencing Criminal justice Queensland
Description

Aim: To explore how well the Queensland community understands sentencing terms, and to explore the public’s knowledge of sentencing outcomes.

Method: Eight structured focus group sessions were conducted with 66 members of the public in three sites across Queensland (Brisbane, Mount Isa and Townsville). The two-hour focus group sessions incorporated practical activities involving a questionnaire administered to participants followed by group discussion.

Results: The findings of this study identified that while people in the sample were relatively confident in their understanding of sentencing terms, few were able to articulate this knowledge in focus group interviews. In estimating rates of custody and sentence lengths, participants consistently underestimated imprisonment rates across all offence types, and were generally unable to estimate the time to be served in custody prior to parole eligibility.

The focus group discussions revealed that most participants had a nuanced perspective of sentencing concepts and that they had considered several sentencing factors when estimating imprisonment rates and sentence lengths. The estimates given by participants were influenced by certain assumptions about legal terms and concepts (e.g., about the differences between murder and manslaughter), the sentencing process and how sentences are administered in Queensland (e.g., how parole operates). Overall, participants wanted to understand more about sentencing terms and outcomes.

Many participants were unaware of the extent of their lack of knowledge until after definitions or correct responses about imprisonment rates and sentencing outcomes had been provided. Most participants expressed surprise regarding typical sentencing practices in Queensland.

The findings presented in this paper demonstrate that while community members may have a high level of confidence in their understanding of sentencing terms, they may not understand their precise meaning. The findings further suggest that the public has limited knowledge of current sentencing practices, which may impact on community confidence in sentencing.

Conclusion: An opportunity exists for enhancing confidence in the criminal justice system and the courts by improving the community’s understanding of sentencing terms and outcomes. This suggests a need for targeted education and awareness strategies that are tailored to address the gaps in information available to the general community. The development of products that translate complex legal sentencing terms into plain English could have a positive impact on community understanding. The publication of sentencing statistics on current sentencing practices in a clear, transparent, and accessible format may help to improve community understanding of what sentences are imposed in Queensland.

Publication Details
ISBN:
978-0-6452082-5-2
License type:
CC BY
Access Rights Type:
open
Series:
Research brief No. 3, April 2023