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The judiciary and criminal sentencing in the Dominican Republic

An empirical study of twenty judges of the criminal courts of the first instance of the Dominican Republic conducted during 1982-1984 explored judicial selection, social backgrounds, professional preparation, sentencing philosophy, and professional concerns. / Every four years, following national elections, judicial candidates are screened by a bipartisan Senate sub-committee using legally defined educational and experiential requirements and other norms. Recommended candidates are ratified by the Senate. Judges claimed no prior political party activism. They enjoyed considerable independence in some areas but remained subject to transfer. Professional discipline rested with the Supreme Court but was rarely exercised. / The majority of judges were middle-aged, middle class men and women who had graduated from university following the 1965 intervention. This upheaval resulted in an open admissions policy at the only public university, paving the way for highly motivated, secondary school graduates of modest means to qualify for university education, and precipitated the founding of several private law schools. Judges chose their university based on economic circumstances and proximity. They followed a traditional law curriculum which did not afford diverse, specialized career tracks. They had no training prior to assuming judicial duties, received no administrative guidance, and had no feedback on legal decisions. Professional affiliations were weak leaving judges isolated from colleagues and reliant upon their own resources and motivation. / Judges said their sentencing philosophy developed from diverse sources and varied from crime to crime. They claimed their sentences recognized aggravating and mitigating factors. Genuine sentencing alternatives were non-existent, lengthy incarceration prior to trial being the norm, practically forcing incarceration as the penalty. / Judges were concerned about the independence, integrity, image, competence, and efficiency of the judiciary and affiliated personnel, citizen cooperation, the growth and nature of crime, civil damage claims in criminal cases, their career potential and personal safety. / These judges were quite similar to judges in other Latin American countries in terms of background and preparation. Their professional concerns and restraints coincided with the circumstances of the judges similarly situated worldwide. / Source: Dissertation Abstracts International, Volume: 49-06, Section: A, page: 1582. / Major Professor: C. Ray Jeffery. / Thesis (Ph.D.)--The Florida State University, 1988.

Identiferoai:union.ndltd.org:fsu.edu/oai:fsu.digital.flvc.org:fsu_76298
ContributorsGrosselfinger, Nancy Ann Catherine., Florida State University
Source SetsFlorida State University
LanguageEnglish
Detected LanguageEnglish
TypeText
Format342 p.
RightsOn campus use only.
RelationDissertation Abstracts International

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