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<p>In this study, we conducted a quantitative analysis to examine the influences of legal and extra-legal factors on judicial decisions to release offenders without imposing any penalty. Through an investigation of 945 judgments in driving while intoxicated (DWI) cases in China, our study uncovers significant correlations between penal exemption and relevant legal and extra-legal factors. Four significant findings stand out. First, the severity of an accident and any associated pre-trial detention are of significant relevance to the granting of penal exemption. Second, offenders with higher social status are more likely to be discharged without penalty. Third, judges prefer a “helpful” accused to one who merely admits guilt. Fourth, the likelihood of an offender being exempted from criminal punishment greatly increases if the offender meets four or more exemption criteria. However, Chinese judges do not always recognize all exemption factors in individual cases, thus limiting the application of penal exemption.</p>

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The Predictors of Penal Exemption: Evidence from China

  • 期刊论文

  • 发表日期：

    2025年4月24日

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  • Zheng Li,
  • Enshen Li,
  • Sihong Liu,
  • Xifen Lin

摘要

In this study, we conducted a quantitative analysis to examine the influences of legal and extra-legal factors on judicial decisions to release offenders without imposing any penalty. Through an investigation of 945 judgments in driving while intoxicated (DWI) cases in China, our study uncovers significant correlations between penal exemption and relevant legal and extra-legal factors. Four significant findings stand out. First, the severity of an accident and any associated pre-trial detention are of significant relevance to the granting of penal exemption. Second, offenders with higher social status are more likely to be discharged without penalty. Third, judges prefer a “helpful” accused to one who merely admits guilt. Fourth, the likelihood of an offender being exempted from criminal punishment greatly increases if the offender meets four or more exemption criteria. However, Chinese judges do not always recognize all exemption factors in individual cases, thus limiting the application of penal exemption.