Extralegal and Specific Legal Factors to the Different Sentences on Judicial Punishment in Similar Crimes

In this paper, the factors influencing the to the different sentences of the judges in similar crimes with emphasis on intentional crimes, Robberies and Intentional Assaults is considered. Two special legal and extralegal factors leading to the issuance of different sentences divided by the maximum penalties and specific legal factors concerning the crimes of Robberies and Intentional Assault.The questionnaire consisted of 30 questions with a range of important five-option Likert design and Comments judges of the court of first instance (Magistrates) and Court of Appeals of the Mashhad city jurisdiction is collected. 0.922 Cronbach's alpha coefficient, indicating the reliability of the questionnaire. To study the difference in sentences, the variance of the sample and to test the generalizability of the results of statistical analysis of Leuven, and the t test for evaluating the effectiveness of the registration agents and the Friedman test was used to rank the factors mentioned above. The results showed that the influences of extralegal factors in different sentencing issued by judges in similar crimes are more than the specific legal factors. Theft of "being armed robbers," most affected and "Wallet theft" has minimal effect .On the maximum penalty. " Use guns , Knife and etc," has the most influence in determining the maximum punishment of Intentional Assault. Extralegal factor "plan prior to the offense" has a significant effect on the maximum penalty by the judges.