| Popis: |
Equality has particular resonance in the sentencing context, in which it is often equated with consistency of sentencing outcomes. Many of the most important sentencing reforms of twentieth century were connected to the importance of promoting consistency of outcome by reducing bias and disparity. In this sense, sentencing disparity is often viewed as a consequence of too much judicial discretion and too much respect for some idea of individualized justice. Others have drawn attention, however, to the importance of conceptualizing equality as a product of some notion of non-egalitarian justice, a conception which then calls into question the juxtaposition of equality and justice. This chapter sets out to consider these issues through analysing the importance of the right to equality and freedom from discrimination in the ECHR at the sentencing stage. This provides the basis for a re-examination of notions of disparity in sentencing practice, the role of sentencing guidelines, and the issue of criminal deportation orders. |
