Chapter 01
Open at this moment ↗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.
