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Chapman University Dale E. Fowler School of Law

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Evidence-Based Sentencing: The Science Of Sentencing Policy And Practice, Richard Redding Jan 2009

Evidence-Based Sentencing: The Science Of Sentencing Policy And Practice, Richard Redding

Richard E. Redding

Sentencing is where much of the action is in criminal practice, particularly since ninety percent or more of cases never go to trial but are settled through plea bargains. Acting within the constraints of applicable presumptive or mandatory sentencing guidelines, probation officers, prosecutors, defense attorneys, and judges typically rely on their instincts and experience to fashion a sentence based upon the information available about the offense and offender. But relying upon gut instinct and experience is no longer sufficient. It may even be unethical – a kind of sentencing malpractice that produces sentencing recommendations and decisions that are neither transparent …