220.127.116.11 Sentencing Policy
Control over sentencing policy creates a tension between government and the judiciary. A government that wants to be seen as being “tough on crime” wants to impose stiff mandatory sentences, which can create two problems:
- Sentences for some crimes become disproportionate compared to other crimes.
- Some people are unnecessarily sent to prison, most notably in America. An article in Time, for example, argued that 39% of Prisoners Should Not Be in Prison. There are effective alternatives, as described in the next section (5.2.7).
It is hard to avoid drawing the conclusion that politicians’ need for short-term popularity makes them unsuited to controlling sentencing. Judges can be respected and be accepted without being popular, if they are able to explain their decisions.
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