Sentencing, i.e. the determination of specific punishments, is the end result of conviction. It is a difficult and serious problem for practitioners to determine what standards should be applied in so many different cases. This chapter proposes to address this problem by analyzing the purpose of punishment empirically, building on the study of law and economics. From this perspective, it criticizes the retributive theory of punishment and argues for the theory of normative deterrence. On this basis, it points to the tasks of the “science of sentencing,” such as the study of determinant factors in sentencing and the analysis of the mechanism of formation of sentencing standards. A supplementary note describes the current state of imprisonment in the United States and emphasizes the need to study this situation empirically.

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The Science of Sentencing

  • Michiaki Ozaki

摘要

Sentencing, i.e. the determination of specific punishments, is the end result of conviction. It is a difficult and serious problem for practitioners to determine what standards should be applied in so many different cases. This chapter proposes to address this problem by analyzing the purpose of punishment empirically, building on the study of law and economics. From this perspective, it criticizes the retributive theory of punishment and argues for the theory of normative deterrence. On this basis, it points to the tasks of the “science of sentencing,” such as the study of determinant factors in sentencing and the analysis of the mechanism of formation of sentencing standards. A supplementary note describes the current state of imprisonment in the United States and emphasizes the need to study this situation empirically.