Comments on: We don’t need no! Sentencing Guidelines!

By: Greg Jones

Greg Jones — Wed, 07 Jul 2010 14:23:08 +0000

I practice in Michigan. I’ve practiced with no guidelines, with advisory guidelines, and with mandatory guidelines. Advisory guidelines are the worst, because they tend to set a floor below which no judge will go in sentencing, but they are not regarded as imposing any ceiling, so the judge can go as high as he or she wants to, with no fear of meaningful appellate review. Given my choice, I’d rather go back to no guidelines, and deal with the occasional wacko judge or off-the-wall sentence through appellate litigation.

By: Greg Jones

Greg Jones — Wed, 19 Nov 2008 20:52:29 +0000

I’ve practiced with no sentencing guidelines, with advisory guidelines, and with mandatory guidelines. Basically, I don’t like any guidelines, but advisory guidelines are the worst possible choice. In practice, they set a floor on the minimum in an indeterminate sentencing system, like that in Michigan, or a floor on the determinate sentence. Judges and prosecutors never go below the guidelines, because “the guidelines call for X.” But tough-on-crime judges will happily go above the guidlines, believing that the guidelines do not accurately capture the seriousness of a particular offense, or truly measure the horrendous nature of the defendant’s past criminal record.

By: Gideon

Gideon — Wed, 19 Nov 2008 17:23:22 +0000

That’s a good idea. It doesn’t cover all the variables, but gives prosecutors and defense attorneys a starting point.

By: LJS

LJS — Wed, 19 Nov 2008 16:42:06 +0000

What about a public, easily searchable, database of sentences by offense, judge, and court, and docket number? As I recall, there are books listing money verdicts and settlements for almost any tort injury you can name — why not compile the same for criminal verdicts?

By: Gideon

Gideon — Wed, 19 Nov 2008 15:11:53 +0000

He’s saying “Scott”.

By: shg

shg — Wed, 19 Nov 2008 14:55:58 +0000

Cool pic. But what’s that coming out of his mouth? It’s a little small, and I’m having some trouble reading it.

By: Charon QC

Charon QC — Wed, 19 Nov 2008 06:39:53 +0000

I’m not a criminal lawyer – but, curiously, having enjoyed the subject at University I have kept up my knowledge of the Criminal Law of England & Wales.

Inconsistency is a very real problem – enjoyed the post.

We appear, in England & Wales, to be slowly sinking into a mire of inconsistency – quite apart from the fact that we don’t have enough prisons to appease the tabloid readers as they eat their breakfasts and get outraged when judges are lenient.

It may be that I need more sleep.

(Ed Note: Scotland, although an allegedly reluctant part of Britain, has a different legal system. Although I am a Scot – I chose the England & Wales route. You will note how careful I am to refer to England & Wales. The Welsh get very irritated when we forget that they are part of our legal system in England & Wales.

I’m not sure that this post adds anything at all to the discussion – but such is the pleasure of being a blogger. The blog host can always delete!

It is 6.38 am. I went to bed at 3.56 am. I’m not entirely sure that posting on blogs after a good night is one olf my better ideas – but … there we are…. such is the pleasure of being a law blogger.