Achieving Consistency in Sentencing

Bibliographic Data

ID19983036
AuthorsLyndon Harris (0000-0002-2021-7659, Barrister, 6KBW College Hill, corresponding author)
Year2022
Publication date2022-09-20
Open AccessNo
TypeBOOK
VenueAchieving Consistency in Sentencing (SOURCE_BOOK)
PublisherOxford University PressOxford (PUBLISHER)
DOI10.1093/oso/9780192859266.001.0001
OpenAlexW4306863755
Open LibraryOL38332587M
ISBN9780192859266
LanguageEN
Citations received2
References cited52

Consistency in sentencing is widely considered to be an essential component of a fair sentencing system; but what is consistency? This work argues that it incorporates both procedural and substantive elements, focusing upon the proper application of principle. In doing so, the notion of comparing ‘like’ cases is rejected as simplistic, impractical, and unprincipled. It is argued that a more principled approach reconciles the tension between consistency and individualized justice which has been argued to exist. In the face of clear and consistent empirical evidence—from multiple jurisdictions—of inconsistency in the face of an absence of structure, it is vital that discretion at sentencing is structured in a way which encourages sentences to be imposed in accordance with the principles underpinning the scheme while maintaining the ability to individualize sentences. It seeks to analyse various methods of structuring discretion and in doing so, uses England and Wales as a ‘case study’. England and Wales has a developed system of appellate guidance at sentencing in addition to a narrative guidelines system which is now two decades old. As such, there is much to analyse and many lessons to be learned, for England and Wales and other jurisdictions. The latter part of this work therefore examines the tripartite relationship between the primary givers of guidance: Parliament, the Court of Appeal (Criminal Division), and the Sentencing Council, and draws conclusions (good and bad) as to way in which consistency can be achieved

Appeal · Consistency (knowledge bases) · Criminal justice · Discretion · Economic Justice · Law and economics · Narrative · Parliament · Political science · Politics · Sociology · Underpinning · Work (physics) · Computer Science · Criminal Justice and Corrections Analysis · Engineering · Healthcare Decision-Making and Restraints · Law · Legal principles and applications

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