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Towards automated recommendations for drunk driving penalties in Poland - a case study analysis in selected court Cover

Towards automated recommendations for drunk driving penalties in Poland - a case study analysis in selected court

Open Access
|Dec 2023

Abstract

Depending on the legal system, judges may have varying degrees of discretion in determining the type and extent of sentence that can be imposed for a particular offence. Nevertheless, it appears that even in systems traditionally considered discretionary, accepted patterns play a significant role in determining penalties, and judges utilize merely a limited spectrum of potential penalties in repetitive cases. Confirmation of the predictability of sentencing in certain categories of cases facilitates the possibility of automation. Utilising a computer program to assist judges in sentencing proposals based on input is feasible. This program can reflect the standard practice of sentencing penalties and punitive measures in a particular category of cases or rectify it, depending on the adopted sentencing policy. The objective of the article is to present findings from research that investigated whether a specific relation shapes the dimension of penalties and penal measures for cases concerning driving under the influence of alcohol in Poland, in the context of possible automation of the sentencing process. Another aim of this study is to provide an example of a straightforward mathematical recommendation model that tries to reflect both the discovered correlations in the data and the presumed intentions of legislators.

DOI: https://doi.org/10.2478/fcds-2023-0019 | Journal eISSN: 2300-3405 | Journal ISSN: 0867-6356
Language: English
Page range: 425 - 451
Submitted on: Aug 29, 2023
Accepted on: Oct 17, 2023
Published on: Dec 21, 2023
Published by: Poznan University of Technology
In partnership with: Paradigm Publishing Services
Publication frequency: 4 issues per year

© 2023 Karolina Kiejnich-Kruk, Mateusz Twardawa, Piotr Formanowicz, published by Poznan University of Technology
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.