NCJ Number
151534
Date Published
1993
Length
44 pages
Annotation
The text of Recommendation R(92)17, adopted by the Council of Europe in 1992 to achieve consistency in sentencing, and an explanatory memorandum are provided.
Abstract
The Council of Europe recommends in R(92)17 that member states consider their own constitutional principles and legal traditions and the independence of the judiciary when taking appropriate measures to eliminate sentencing disparity. An appendix to Recommendation R(92)17 discusses the rationale for sentencing, penalty structures, aggravating and mitigating factors in sentencing, the impact of previous convictions on sentencing, counting time spent in custody toward the sentence, the prosecutor's role in sentencing, and the need for sentencing studies and information sharing. The explanatory memorandum covers general sentencing considerations, the rationale for eliminating sentencing disparity, compatibility between offense seriousness and the sentence, and other issues raised by R(92)17.