Back to Basics: A Critical Examination of the Focal Concerns Framework from The Perspective of Judges

The focal concerns framework is widely used in research on sentencing, although the empirical validity of the framework itself is seldom directly evaluated. To fill this gap, we use survey data from 134 trial court judges to examine two basic questions about the focal concerns framework: (1) How and to what extent do judges consider the original focal concerns of blameworthiness, community protection, and practical constraints in their sentencing decisions? (2) To what extent is perceived rehabilitation potential, or “redeemability,” considered by judges and should it become a fourth focal concern? Results based on open-ended survey questions reveal that judges continue to rely on the original focal concerns, but they operationalize these concerns in a variety of ways. Results further show that most judges are concerned about the rehabilitation potential, or “redeemability,” of defendants. Based on these results, we conclude that the focal concerns framework continues to be of value but that future research using the framework should consider adding redeemability/rehabilitation potential as a fourth focal concern. We caution, however, that some of the factors judges consider in connection with rehabilitation potential/redeemability could increase sentencing disparities.

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Work Title Back to Basics: A Critical Examination of the Focal Concerns Framework from The Perspective of Judges
Access
Open Access
Creators
  1. Jeffery T. Ulmer
  2. Eric Silver
  3. Lily S. Hanrath
Keyword
  1. Sentencing
  2. Judges
  3. Focal concerns
License In Copyright (Rights Reserved)
Work Type Article
Publisher
  1. Justice Quarterly
Publication Date October 12, 2022
Publisher Identifier (DOI)
  1. https://doi.org/10.1080/07418825.2022.2132274
Deposited February 12, 2024

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Version 1
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  • Created
  • Added Ulmer_Silver_Hanrath_2023_JQ.pdf
  • Added Creator Jeffery T Ulmer
  • Added Creator E Silver
  • Added Creator Lily Hanrath
  • Published
  • Updated Keyword, Publication Date Show Changes
    Keyword
    • Sentencing, Judges, Focal concerns
    Publication Date
    • 2023-09-01
    • 2022-10-12
  • Renamed Creator Jeffery T. Ulmer Show Changes
    • Jeffery T Ulmer
    • Jeffery T. Ulmer
  • Renamed Creator Eric Silver Show Changes
    • E Silver
    • Eric Silver
  • Renamed Creator Lily S. Hanrath Show Changes
    • Lily Hanrath
    • Lily S. Hanrath
  • Updated