Moderate and Non-Arbitrary Sentencing Without Guidelines – The German Experience

Abstract

It is often assumed that sentencing guidelines are important to ensure fair and equal sentencing in criminal cases. Against this background, it needs explanations why criminal justice systems such as the German criminal justice system can achieve fairly moderate and equal outcomes without guidelines. The article examines factors within the legal system (such as the education and self-understanding of judges, legal education) which might contribute to a fairly moderate and equal sentencing system in the absences of sentencing guidelines.