Law Commons^™

Risk In Sentencing: Constitutionally-Suspect Variables And Evidence-Based Sentencing, James C. Oleson

James C Oleson

It is said that imposing punishment is one of the most difficult things a judge will ever do. Implicit in the imposition of punishment are a number of competing philosophical considerations: retribution, incapacitation, deterrence, and rehabilitation, among others. In many jurisdictions, judges enjoy broad authority over sentencing decisions; in others, judicial discretion is limited by mandatory-minimum penalties or sentencing guidelines. A new, actuarial approach to sentencing (“evidence-based sentencing”) focuses upon the reduction of recidivism, using data to maximize the utilitarian ends of sentencing. Research suggests that statistical assessments outperform clinical judgment of even trained experts. But which variables should judges …