Probability and Punishment: How to Improve Sentencing by Taking Account of Probability
Harvard University - Law School - Alumni
January 7, 2014
New Criminal Law Review, Forthcoming
The United States Sentencing Guidelines place little emphasis on probability. Instead, the Guidelines recommend a sentence in each case based only on whether certain facts about the offender’s crime exceed a “threshold” level of likelihood. Guidelines sentences therefore fail to reflect the precise odds of each defendant’s wrongdoing, which makes them both inefficient and unfair. This model of decision-making is particularly problematic in drug sentencing, where judges often impose lengthy sentences based on drug quantity calculations that carry a high risk of error. To address these problems, district courts should exercise their discretion and policymakers should implement reforms that incorporate probability into punishment.
Number of Pages in PDF File: 46
Keywords: criminal law, criminal procedure, sentencing, drugs, quantity, probability
Date posted: January 9, 2014 ; Last revised: March 27, 2015
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