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Open Access research with a European policy impact...

The Strathprints institutional repository is a digital archive of University of Strathclyde's Open Access research outputs. Strathprints provides access to thousands of Open Access research papers by Strathclyde researchers, including by researchers from the European Policies Research Centre (EPRC).

EPRC is a leading institute in Europe for comparative research on public policy, with a particular focus on regional development policies. Spanning 30 European countries, EPRC research programmes have a strong emphasis on applied research and knowledge exchange, including the provision of policy advice to EU institutions and national and sub-national government authorities throughout Europe.

Explore research outputs by the European Policies Research Centre...

What 'rules' in sentencing? consistency and disparity in the absence of 'rules'

Tata, C. and Hutton, N. (1998) What 'rules' in sentencing? consistency and disparity in the absence of 'rules'. International Journal of the Sociology of Law, 26 (3). pp. 339-364. ISSN 0194-6595

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Abstract

This paper considers critically the issue of consistency and disparity by examining sentencing in a jurisdiction, Scotland, which has few formal rules governing sentencing practice. First, it briefly outlines the main issues distinctive to the Scottish legal framework on sentencing and then propose reasons why interjudge sentencing disparity both might and might not be expected. It then proceeds to summarize the methodology and findings of a study, initiated by 10 individual sheriffs, to compare their custodial sentencing patterns. The implications of these findings for the roles of, nature of, and relationship between 'rules' and 'knowledge' in sentencing are discussed.