The Task of Describing Sentencing Policy Quantitatively
Sentencing is about the imposition of punishment on individuals who have been found guilty of criminal behavior. The judiciary, in administering justice through the courts, exercise a discretion. Traditionally, in common law countries this discretion has been largely unfettered, in most instances confined only by broad statutory provisions, the most significant of which cover maximum penalties and available dispositions. Within these wide boundaries the judiciary have enjoyed the freedom of formulating and administering sentencing policy. In determining an appropriate sentence in a particular case, judges have traditionally regarded the harm caused by the offense, the offender’s culpability and rehabilitation prospects, and whether justice required the exercise of mercy. This is individualized justice.
KeywordsSentencing Process Appellate Court Sentencing Statistic Case Factor Offense Category
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