« NACDL and FAMM launch "State Clemency Project" | Main | Johnson & Johnson the latest drug company to balk about its drugs being used in lethal injection protocol »

August 22, 2017

"In Defense of Substantial Sentencing Discretion"

The title of this post is the title of this new article posted on SSRN authored by Antje du Bois-Pedain. Here is the abstract:

This article develops an ideal of sentencing discretion as consisting in sufficient dispositional flexibility for the trial judge to set, on behalf of the polity, reasonable terms for the continuance of relations with the offender in view of his crime. This ideal requires trial judges to have what may be termed “substantial” sentencing discretion: discretion that is exercised with direct reference to the values and goals penal sanctions are expected to serve, and where it is this quality of value-based engagement that provides the justification for the decision.  The article engages with empirical research into sentencing that helps us address the strength of the case for and against substantial sentencing discretion, and ultimately defends substantial sentencing discretion on functional as well as ethical-political grounds.

August 22, 2017 at 12:14 AM | Permalink


Substantial judge discretion?

Translation: impose pro-criminal feelings by tyrannical power on jurisdictions with poverty and political power too weak to resist the dumping of toxic criminals.

Translation: the marked under-valuation of the suffering and injury of black crime victims.

I demand substantial judge home addresses, so all the criminals they coddle are moved into the houses surrounding theirs.

These morons on the bench have an irremediable conflict of interest. If they stop coddling criminals, crime rates drop. They lose their jobs.

Posted by: David Behar | Aug 22, 2017 3:28:00 AM

David Behar you are a regulated or licensed professional are you not? Have you read your comments on these boards? Are you aware you can potentially have adverse action taken against you based on your posts? You talk about executing every ex-con etc. Some of your posts are incredibly worrying (PS Sentencingtypepad is not a safe place to vent)

Posted by: Farenheit451 | Aug 22, 2017 5:44:41 AM

Fahrenheit: Please be specific about which posts are worrisome. Then provide your real name and address. I can get that in 5 minutes anyway. You would just be sparing me a little work.

Posted by: David Behar | Aug 22, 2017 6:31:06 AM

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB