Study on The Sociological Model of Conviction and Sentencing

Modern criminal statutes provide that a judge can exercise discretion in conviction and sentencing.However,such discretion is affected by many social factors connected with a case and the very process that the social structural factors influence the conviction and sentencing in a case and the pattern they reveals is called the sociological mode of conviction and sentencing,which is based on criminological and sociological theory and has nearly certified with positive studies.Since cases of the same nature may be of different social structural factors or the same case may also be of different social structural factors in the different litigation phases,the influence that the judge acquires differs and thus discrimination in the judicial process seems inevitable.The key point to avoid the injustice is to ensure no occurrence of the sociological mode of conviction and sentencing.