Document Type

Article

Publication Date

1982

Abstract

In Sentencing by Mathematics, Rich, Sutton, Saks, and Clear critically examine the growing interest in applying quantitative methods to criminal sentencing. The authors analyze proposals to use mathematical models and predictive algorithms in judicial decision-making to improve consistency, reduce disparities, and make sentencing more objective. They discuss the potential benefits of structured, data-driven sentencing, such as transparency and efficiency, but also raise concerns about oversimplification, loss of judicial discretion, and the ethical implications of basing punishment on statistical probabilities. The article ultimately explores the tension between individualized justice and systemic fairness, questioning whether mathematical models can adequately capture the complexity of human behavior and societal values embedded in sentencing decisions.

Publication Title

State Court Journal

Volume

6

First Page

33

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