Visible and invisible sentencing

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.