Visible and invisible sentencing

Neil Hutton

doi:10.1007/978-3-319-25802-7_10

Visible and invisible sentencing

Neil Hutton

Law

Research output: Chapter in Book/Report/Conference proceeding › Chapter

5 Citations (Scopus)

70 Downloads (Pure)

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 language	English
Title of host publication	Modernization of the Criminal Justice Chain and the Judicial System
Subtitle of host publication	New Insights on Trust, Cooperation and Human Capital
Editors	Annie Hondeghem, Xavier Rousseaux, Frédéric Schoenaers
Place of Publication	Cham
Publisher	Springer London
Pages	145-158
Number of pages	14
Volume	50
ISBN (Print)	9783319258003
DOIs	https://doi.org/10.1007/978-3-319-25802-7_10
Publication status	Published - 8 Jan 2016

Publication series

Name	Ius Gentium: Comparative Perspectives on Law and Justice
Publisher	Springer
Volume	50

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

SDG 16 Peace, Justice and Strong Institutions

Keywords

human capital
sentencing
decision making
sentencing guidelines

Access to Document

10.1007/978-3-319-25802-7_10

Hutton-Spinger-2016-Visible-and-invisible-sentencingAccepted author manuscript, 406 KB

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). Springer London. https://doi.org/10.1007/978-3-319-25802-7_10

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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, Ius Gentium: Comparative Perspectives on Law and Justice, vol. 50, Springer London, Cham, pp. 145-158. https://doi.org/10.1007/978-3-319-25802-7_10

Visible and invisible sentencing. / Hutton, Neil.
Modernization of the Criminal Justice Chain and the Judicial System: New Insights on Trust, Cooperation and Human Capital. ed. / Annie Hondeghem; Xavier Rousseaux; Frédéric Schoenaers. Vol. 50 Cham: Springer London, 2016. p. 145-158 (Ius Gentium: Comparative Perspectives on Law and Justice; Vol. 50).

Research output: Chapter in Book/Report/Conference proceeding › Chapter

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AU - Hutton, Neil

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N2 - 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.

AB - 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.

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KW - sentencing

KW - decision making

KW - sentencing guidelines

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SN - 9783319258003

VL - 50

T3 - Ius Gentium: Comparative Perspectives on Law and Justice

SP - 145

EP - 158

BT - Modernization of the Criminal Justice Chain and the Judicial System

A2 - Hondeghem, Annie

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A2 - Schoenaers, Frédéric

PB - Springer London

CY - Cham

ER -

Visible and invisible sentencing

Abstract

Publication series

UN SDGs

Keywords

Access to Document

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