Fair Sentencing, Essay Example

The concept of fair sentencing arises in response to a discerned problem regarding how the legal system should address issues of punishment. Arguably, what makes the problem of fair sentencing particularly complex is that it may appear in two forms. Firstly, particular crimes and their particular sentences may be compared and then deemed to be unfair. For example, within a given system, what may seem to be a fairly trivial offence may carry a similar sentence to what is understood to be a serious offence. In other words, fair sentencing discrepancies may be the result of a comparative approach to punishment. Secondly, a given sentence may conflict with broader ethical and social norms or what may be termed “common sense.” For example, if someone is sentenced to numerous years in prison for what appears to be from the perspective of various social normativities to be a trivial offense, such as the selling of soft drugs, then questions of fair sentencing will emerge.

In general, the literature defines issues of fair sentencing according to four main categories: proportionality, equity, social debt, and truth in sentencing. In essence, these four concepts can be abstracted in terms of the aforementioned two forms of fair sentencing problems. Hence, proportionality can either be viewed as problematic when comparing two different crimes or when comparing the sentence to these same norms. This follows for the other categories.

Despite the different forms the problem of fair sentencing may take, the issue remains pertinent inasmuch as it is symptomatic of the need to 1) create a consistent legal system, and 2) ensure the public that the legal system does operate in their best interests. Namely, the issue of fair sentencing is not only relevant to those who may be afflicted by unfair sentencing, but, in a certain sense, is a symptom of the integrity or lack thereof of an entire legal system.