Chapter

A ‘Decision Science’ Perspective on the Old and New Sentencing Guidelines in England and Wales

Mandeep K Dhami

in Sentencing Guidelines

Published in print July 2013 | ISBN: 9780199684571
Published online September 2013 | e-ISBN: 9780191765032 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199684571.003.0011
A ‘Decision Science’ Perspective on the Old and New Sentencing Guidelines in England and Wales

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The field of decision science has shown that decision-making can be aided by guidance that overcomes constraints of the human mind, and simplifies and clarifies the decision task. Making precise guidelines that are easy to follow can increase the consistency and transparency of sentencing, and reduce the impact of extraneous factors. I critique the sentencing guidelines produced by the Sentencing Council, and raise concerns about their ability to have the desired impact on sentencing. I propose flowchart-type guidelines that standardize the whole decision-making process, including what factors to use and how to use them at each stage of sentencing.

Keywords: Sentencing Council; Sentencing guidelines; Decision Science; Flowchart; Decision-making

Chapter.  7694 words.  Illustrated.

Subjects: Criminal Law

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