Guilfoyle, Eoin and Marder, Ian (2021) Using data to design and monitor sentencing guidelines: The case of Ireland. Common Law World Review, 50 (2-3). pp. 103-119. ISSN 1473-7795

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Abstract

There is a growing trend across common law jurisdictions towards more structured sentencing processes. Many have implemented some form of sentencing guidelines in recent years; others are designing or considering introducing them. This article focuses on Ireland, a jurisdiction that has recently legislated for sentencing guidelines but does not have sufficient sentencing data available to inform key decisions on guideline design and implementation. It highlights the importance of sentencing data for guideline development and outlines how the lack of data on current sentencing trends and outcomes means that there is no frame of reference for current practice against which to design guidelines, nor assess their likely impact or gauge their effectiveness once introduced. The article examines the types of data that are needed to develop and monitor sentencing guidelines and sets out how they might be collected and analysed in Ireland. The Irish example serves as a case study for other jurisdictions with respect to the importance of sentencing data and the need to ensure that such data are available prior to the introduction of sentencing guidelines

Item Type:	Article
Additional Information:	https://creativecommons.org/licenses/by/4.0/This article is distributed under the terms of the Creative Commons Attribution 4.0 License (https://creativecommons.org/licenses/by/4.0/) which permits any use, reproduction and distribution of the work without further permission provided the original work is attributed as specified on the SAGE and Open Access pages (https://us.sagepub.com/en-us/nam/open-access-at-sage). Cite as: Guilfoyle E, Marder ID. Using data to design and monitor sentencing guidelines: The case of Ireland. Common Law World Review. 2021;50(2-3):103-119. doi:10.1177/1473779520975193
Keywords:	sentencing guidelines; sentencing data; sentencing information; judicial decision-making;
Academic Unit:	Faculty of Social Sciences > Law
Item ID:	15623
Identification Number:	https://doi.org/10.1177/1473779520975193
Depositing User:	Ian Marder
Date Deposited:	07 Mar 2022 14:59
Journal or Publication Title:	Common Law World Review
Publisher:	Sage Publications
Refereed:	Yes
URI:	https://journals.sagepub.com/home/clw
Use Licence:	This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here

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