Visible and invisible sentencing

Neil Hutton

Research output: Chapter in Book/Report/Conference proceedingChapter

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Abstract

This chapter develops a conceptual approach which understands sentencing as a collective practice which is generated by a number of actors, not only judges. Sentencing is seen as a series of decision making practices which are made visible in publicly available accounts. This way of seeing sentencing has significant implications for understanding conventional accounts of discretion. This chapter argues that discretion is best understood as a mode of justification based on trust in the invisible work of actors. Sentencing guidelines add a more visible, rule –based form of accountability which does not replace discretion but works alongside it as a complementary mode of justification.
Original languageEnglish
Title of host publicationModernization of the Criminal Justice Chain and the Judicial System
Subtitle of host publicationNew Insights on Trust, Cooperation and Human Capital
EditorsAnnie Hondeghem, Xavier Rousseaux, Frédéric Schoenaers
Place of PublicationCham
Pages145-158
Number of pages14
Volume50
DOIs
Publication statusPublished - 8 Jan 2016

Publication series

NameIus Gentium: Comparative Perspectives on Law and Justice
PublisherSpringer
Volume50

Keywords

  • human capital
  • sentencing
  • decision making
  • sentencing guidelines

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  • Cite this

    Hutton, N. (2016). Visible and invisible sentencing. In A. Hondeghem, X. Rousseaux, & F. Schoenaers (Eds.), Modernization of the Criminal Justice Chain and the Judicial System: New Insights on Trust, Cooperation and Human Capital (Vol. 50, pp. 145-158). (Ius Gentium: Comparative Perspectives on Law and Justice; Vol. 50). Cham. https://doi.org/10.1007/978-3-319-25802-7_10