Abstract

The unfettered sentencing discretion of a judge is a cornerstone of criminal justice in common law jurisdictions. However, with the growing complexity of laws and, in some cases, an increase in the amount of criminal matters, some jurisdictions have restricted the discretion by imposing guidelines on sentencing. The New South Wales approach has been different. It has established a sentencing information system to provide judges with legal, factual and statistical data. The purpose of the system is not to curtail discretion, but to better inform it, and so achieve consistency of approach throughout the jurisdiction. This article traces the development of the New South Wales system, analyses the technology used and the types of data assembled, and provides a hypothetical case study to provide readers with an insight into how it works.

Full Text
Paper version not known

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.