How Unreliable Factfinding Can Undermine Sentencing Guidelines

How social influence can undermine the wisdom of crowd effect.

Social groups can be remarkably smart and knowledgeable when their averaged judgements are compared with the judgements of individuals. Already Galton [Galton F (1907) Nature 75:7] found evidence that the median estimate of a group can be more accurate than estimates of experts. This wisdom of crowd effect was recently supported by examples from stock markets, political elections, and quiz show...

Sentencing Commissions and Their Guidelines

Sentencing commissions, administrative agencies charged to develop and promulgate standards for sentencing, were first proposed early in the 1970s and first established in 1978. Of four recent major sentencing reform approaches-the others being parole guidelines, voluntary sentencing guidelines, and statutory determinate sentences-only sentencing commission systems continue to be created. Despi...

Fifteen Years after the Federal Sentencing Revolution: How Mandatory Minimums Have Undermined Effective and Just Narcotics Sentencing Perspectives on the Federal Sentencing Guidelines and Mandatory Sentencing

Intermediate Sanctions in Sentencing Guidelines

Every American state has created new intermediate sanctions in recent years and nearly half have, have had, or are considering having sentencing guidelines. Guidelines can reduce sentencing disparities, including race, gender, and geographical disparities; effect changes in statewide sentencing patterns; and coordinate sentencing policies and corrections resources. Well-managed intermediate san...

Women Offenders and the Sentencing Guidelines