Quote:
Originally Posted by KSigkid
Haha, no cavemen have PMd me, but if any took offense I would of course change my signature ASAP.
I agree, it's an interesting question, and there's research going on in all different fields about sentencing. To me, another part of it comes down to the old general/common law debate (law as written vs law as unwritten, and judges' ability to "freelance," so to speak). If you give a judge more freedom in sentencing, they can be unfair in sentencing, but if you have these guidelines, they can keep judges from devising sentences that are, well, more "just."
I'm only a 1L, so I don't know if there's some middle ground, but it's a worthy debate.
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I believe there's really no middle ground, unfortunately. But I'm glad you're wrestling these types of debates as a 1L.
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