The variables that influence sentencing in Malta

Abstract

This dissertation seeks to analyse the variables, if any, that exert an influence upon the members of the judiciary which deal with criminal cases in Malta. Due to the small number of judicial members present in the Maltese justice system, the four members of the judiciary taking part in this research were enough to make the results elicited representative of the whole judicial population. Here, because the economic and social background of the research members is fairly similar the actual variables influencing them were more easily explored and compared to one another. Based on findings from foreign literature, as well as from a Maltese-based research, the author of this analysis elicited quite interesting findings; of which some were totally unexpected. In fact the author established, as did the foreign literature, that variables related to the case were highly influential. It was found that whilst the majority of the research members were orientated towards deterring offenders and protecting society; the seriousness of the offence, the evidence presented in Court and the offender's prior criminal record were the factors which mostly influenced the passing of judgments. However, some inconsistencies also emerged from this research. In fact, whilst the interviewees stressed that judicial discretion was important to them and should be maintained; when they were asked other less direct questions dealing with both the potential punishments which could be meted in particular situations as well as other more personal offender characteristics, the research subjects answered that they act according to what the law states. However, in spite of the few judicial inconsistencies detected in this analysis, no major judicial biases were established.