Abstract

The role of judicial discretion in the sentencing process is a fundamental and inescapable issue. It tends to become obscured by other issues, such as determinancy and penal policies. When it does come to the public's attention, it is usually in a context of controversy over what a judge has done. The public perception of judicial discretion is almost invariably skewed. For all those reasons, it is important to focus on that issue. A comprehensive discussion of judicial discretion would take more time than is available. I therefore want to narrow the focus to consider what

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