In anticipation of the Saiban-in Seido (the introduction of the Lay Judge System), we examined the factors that would influence sentencing decisions of lay people from two groups; a group of undergraduates (Study 1); and a group of older citizens (Study 2). Respondents differed considerably on severity of the punishment that they thought appropriate. Respondents indicated that important factors in their judgments were: Perceived likelihood of committing another offense; and perceived malicious intent. In Study 1, information on previous convictions led to a longer sentence. This effect was explained in terms of increased perceived likelihood of the committing of another crime. Information on previous convictions had the strongest effect; when a long length of time had passed since the previous conviction, but contained similarities to the contents of the current trial. In Study 2, information on previous convictions did not lead to a longer sentence being passed. However, although the concept of gender and belief in a just world did have an effect on sentencing, there was no evidence of gender bias of participants in this. As a result of these findings, implications for the introduction of the Lay Judge System were discussed.
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