In many jurisdictions, sentencing remains highly discretionary. Trial judges determine sentence guided by appellate courts. Since 1980, many countries have adopted sentencing guidelines for courts to apply. These provide sentence recommendations and other forms of guidance. The Sentencing guidelines movement emerged in 1975 in the US. Most state and federal US guidelines adopt a two-dimensional sentencing grid (crime seriousness and criminal history) which provides sentence recommendations. A second phase of guideline development began in 2004 with the introduction of the first offence-specific guidelines in England and Wales. This alternate approach to structuring judicial discretion has now been adapted and implemented in many other jurisdictions, including Scotland, South Korea, Singapore, Kenya, Tanzania, and several Gulf states. The number of countries retaining a highly discretionary sentencing regime continues to decline. The presentation explores the strengths and weaknesses of sentencing guidelines, drawing on an international research project. The speaker was a member of the Canadian Sentencing Commission; the Sentencing Council of England and Wales; and an Advisor to the American Law Institute Model Penal Code Sentencing Project.
☰