NCJ Number
129618
Date Published
1989
Length
156 pages
Annotation
This report on the eighth Criminological Colloquium sponsored by the Council of Europe includes papers on sentencing disparity, the general report of the colloquium, and conclusions and recommendations of the colloquium.
Abstract
An introductory report identifies the issues that should be addressed in a discussion of sentencing disparity, namely, the definition of disparity, what is wrong with disparity, whether disparity exists, what causes it, and how it is to be reduced. Sentencing disparity is defined as a circumstance where similar cases are not treated similarly or different cases are not treated differently. A paper on inequalities in sentencing notes that although differences in the sentencing of similar cases undermines justice, so does uniformity in sentencing that does not give proper attention to the distinctive characteristics of each case. Other papers consider the causes of disparity in the administration of criminal law and techniques for reducing subjective disparity in sentencing. The colloquium as a whole affirms the injustice of such sentencing disparity and notes that various legal traditions will address the problem differently. Some possible approaches mentioned are numerical sentencing guidelines, the codification of sentencing principles, and authoritative judgments by appellate courts. Actions are recommended for the Council of Europe.