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Interview · Post-conviction review · Sentencing & prosecution

Jasmine Guerrier

Staff Attorney, The Second Look Project

Chapters

Key moments from the conversation, each paired with a Korean case that raises the same question.

Chapter 01

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Can the judge you draw decide your sentence?

  • Sentencing guidelines narrow a judge's discretion, but they do not remove it.
  • Working before judges in Washington, D.C., Guerrier saw how differently individual judges weigh punishment, rehabilitation and mitigating circumstances.
  • Two defendants with similar records and offenses can leave with different sentences partly because of who was assigned to the case.
  • Individualised justice has to be weighed against the risk that discretion produces arbitrary disparities.

The Korean parallel

Korean sentencing research (2020)

A study of 6,350 Korean criminal judgments found that judges who had earlier leaned towards harsher sentences and judges who had leaned towards lighter ones responded differently to the sentencing guidelines.

Chapter 02

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Should prisoners be penalised for programmes they never had?

  • Rehabilitation programmes differ from one prison to the next, so some prisoners can study or get treatment and others cannot.
  • People may struggle to show rehabilitation not because they refuse to change, but because their prison lacked the resources.
  • Courts that judge prisoners by achievements they were never equally able to earn build in a quiet inequality.

The Korean parallel

Korea's correctional rehabilitation programmes

The Ministry of Justice describes educational, vocational and individual reintegration programmes across its correctional system, which raises the same question: is access the same in every facility?

Chapter 03

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Should who someone is now outweigh what they did then?

  • People convicted of serious crimes as teenagers can be fundamentally different after 15 or 20 years inside.
  • Guerrier documents present character through relatives, friends, prison staff and fellow prisoners who watched that growth.
  • The original offense still matters, but looking only at it ignores real change in maturity, behaviour and risk.

The Korean parallel

Article 59 of the Juvenile Act

When the offender was under 18 at the time of the crime, a death or life sentence must be replaced with a fixed 15-year term. Korean law already treats youthful offending as different in kind.

Next interview

Emma Sherman →