Sentencing

Abstract

Gravity is a central concept—often the central concept—that international criminal courts invoke in justifying sentencing decisions. This chapter shows that international sentencing decisions frequently invoke gravity in inconsistent and unexplained ways, thereby detracting from the legitimacy of such decisions. It argues that gravity as a sentencing criterion at international courts ought to be conceptualized in relation to the goals of punishment that are most appropriate for those institutions. It proposes a utilitarian theory of global sentencing that centers crime prevention, especially through deterrence and norm expression, and rejects retribution and harsh punishment. The goal should be to achieve the most deterrence and expressive prevention possible at the lowest cost.