The Role of Public Opinion in Formulating Sentencing Guidelines

Abstract

This chapter examines rationales for taking account in sentencing guidelines of public attitudes to punishment– such as the pursuit of institutional legitimacy in the eyes of the public. It discusses possible approaches to the assessment and incorporation of public opinion in these guidelines. It argues that there should be a degree of alignment between sentencing practice and public opinion, but that the aim should be to secure public tolerance of court practice, rather than a close coupling of sentencing practice to public opinion. It argues for structured approaches to the measurement of public opinion, using sample surveys. The chapter presents findings from three empirical research projects that illustrate survey-based approaches to assessing public opinion.