| Abstract [eng] |
Selectivity in the criminal justice system is an inevitable phenomenon, manifested through the discretionary decisions of various institutions, including police officers, prosecutors, and judges. Academic research analysing judges’ decision-making processes regarding the severity of punishment shows that such decisions often vary depending on defendants’ different social, demographic, and socioeconomic characteristics. These differences are also evident when analysing white-collar and blue-collar crimes, as these categories of crime are associated not only with different types of offences, but also with different social and socioeconomic characteristics of the individuals who commit them. When deciding on a sentence, a judge relies on both legal and extra-legal factors, the latter including both legally relevant and legally irrelevant considerations. The significance of extra-legal factors in the process of individualising punishment is explained through concepts grounded in rational choice theory, such as uncertainty avoidance theory and focal concerns theory. These theories seek to explain how a defendant’s social characteristics and other extra-legal circumstances relevant to the case may become significant when a judge assesses the defendant’s risk to society, culpability, and the practical suitability of the punishment to be imposed. This master’s thesis aimed to analyse the links between the characteristics of individuals accused of white-collar and blue-collar crimes and the severity of the punishments imposed on them. To achieve this aim, a mixed-methods research design was used: a quantitative analysis of criminal court cases and a qualitative analysis of interviews with Lithuanian judges were conducted. The results of the study showed that the so-called personality characteristics of defendants, as a criterion in the sentencing process, are significant for the severity of punishments imposed by courts. However, the relationship between this criterion and the severity of criminal liability differs depending on the nature of the offence committed, namely whether it is a white-collar or blue-collar crime. |
