NCJ Number
225988
Journal
The Howard Journal of Criminal Justice Volume: 48 Issue: 1 Dated: February 2009 Pages: 13-36
Date Published
February 2009
Length
24 pages
Annotation
This article examines the scope and potential sentencing guidelines in relation to the imposition of financial penalties by the courts.
Abstract
Research findings suggest that proportionality seems to matter most to sentencers in determining levels of fine imposition, more so than equity, although this was also shown to be generally respected as an important principle and legitimate objective in fine setting. In the interests of equity, there is a strong case to be made for a comprehensive revision in the requirements and procedures for providing courts with financial means information on offenders’ that can be relied upon to tell sentencers what they need to know in determining fair levels of imposition. In the interests of proportionality, there are sound arguments for also including within the guidelines provisions for “floors and ceilings” on fines for those with significantly below and above average financial means. In the interests of consistency, concerted action is needed to ensure compliance with the spirit and letter of sentencing guidelines. Some will take the view that this is likely to be best achieved by making it mandatory that sentencers should adhere to the recommended methodology and associated guidance. However, the preferred view would be to pursue vigorous training programs for all sentencers, to develop much greater familiarity with and commitment to the spirit, purposes, and logic of fine sentencing guidelines, thereby embedding these principles into the routine of practice in every courtroom. Tables, notes, and references