Sentencing theories, practices, and trends

Abstract

New Zealand and jurisdictions in Australia have undertaken a number of sentencing reforms in recent years. This chapter outlines the cornerstone goals of sentencing, describes the problem of sentencing disparity, and describes some of the legislative efforts parliamentarians have made to reduce disparity, including three strikes laws and other mandatory sentencing schemes, sentencing guidelines, and sentencing councils. The changing nature of modern sentencing is also described. Some jurisdictions are embracing actuarial, evidence-based sentencing, and many jurisdictions have established problem-solving courts such as drug courts.