Judicial sentencing policy, criminological expertise and public opinion

The first part of this article asks whether judicial sentencing can be regarded as founded on a well-informed policy. An analysis of the character of sentencing policy as it is to be found in sentencing judgments, the criminological basis of this policy and an assessment of the public's knowledge of and participation in the development of judicial sentencing policy demonstrates a negative answer is required. A case is then made for the judicial development of a more comprehensive and criminologically well-founded policy and for appropriate community involvement in this process. Finally a scheme is proposed to facilitate these two outcomes: judicial sentencing policy could then be regarded as well informed.