The focal concerns framework is widely used to explain sentencing disparities, yet its direct application to judicial reasoning in trials is less common. To assess whether the focal concerns framework can be used to explain judicial decision-making in sentencing, we analysed Canadian youth sentencing judgments for break and enter and manslaughter cases from 2003 through 2025 (n = 183). An exploratory factor analysis shows that the independent variables coded in our dataset map onto three focal concerns: rehabilitation needs, community protection, and blameworthiness. Subsequent ordinary-least-squares regression models show that rehabilitation needs, community protection, and age are related to an increase in custodial sentence length, while blameworthiness is associated with longer community supervision sentences. By relying on case law as a source of data, we suggest that this widely available but potentially overlooked data source can be used for framing the focal concerns framework and standardizing focal concerns research.
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Ruess et al. (2026) studied this question.
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