An argument for self-imposed explicit judicial sentencing standards

Abstract

Despite considerable attention, unwarranted disparity in sentencing remains a major and pervasive criminal justice problem. In this paper the argument is made that the most appropriate remedy lies not in an attempt to eliminate judicial sentencing discretion, but rather through the development and articulation of explicit sentencing standards or guidelines. Building upon the experience gained in a recent study with the United States Board of Parole, a model is put forth for the development and articulation of sentencing policy on a district or circuit basis that could be applied to structure and control discretion without removing individual case consideration.