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kkmic kkmic
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7 years ago
What is unwarranted sentencing disparity? List and describe the two major sources of unwarranted sentencing disparity.
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7 years ago
•   Unwarranted sentencing disparity: involves variations in sentencing severity for similar crimes committed under similar circumstances that result from reliance by the judge on legally irrelevant factors
•   The two types of unwarranted sentencing disparity are:
a.   Systematic disparity: consistent disagreement among judges about sentencing decisions due to factors such as how lenient the judge thinks the sentence should be (e.g., due to personality, philosophy, or experience)
b.   Unsystematic disparity: inconsistencies within a judge about sentencing decisions when judging the same type of offender or crime at different points in time (e.g., due to the judge’s mood, focusing on irrelevant facts, or the way in which the facts of the case are interpreted by the judge on any particular day)
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