Beyond Focal Concerns: A Qualitative Study of Sentencing Decisions in China’s Sociopolitical Context

The focal concerns perspective is one of the dominant frameworks for explaining sentencing decisions. This study examines the limitations of this perspective in addressing sentencing disparities within the unique sociopolitical context of China. While the framework emphasizes three primary factors influencing judicial decisions—blameworthiness, protection of the community, and practical constraints—it assumes that judges make decisions autonomously and largely overlooks the influence of broader sociopolitical factors. Using qualitative methods, including participant observation and semistructured interviews, this study introduces “stability” as an additional and distinct focal concern. Stability encompasses both the maintenance of social order and the consistency of the criminal justice system, reflecting the state’s emphasis on preserving social harmony and institutional unity. This factor plays a critical role in judicial decision-making, particularly in cases where maintaining public trust and projecting coherence within the justice system are prioritized. Unlike prior studies that relied predominantly on quantitative methods, this research provides a qualitative analysis of how this expanded focal concerns perspective shapes sentencing decisions in China.