The Problem of Disparity in Sentencing: A Comparative Insight and what can be done to Make Sentencing More Uniform?
The Problem of Disparity in Sentencing: A Comparative Insight and what can be done to Make Sentencing More Uniform?

Summary/Abstract: Criminal sentencing is one of the most challenging fields in criminal law and also a subject that judges frequently find to be their least favorite. When imposing a sentence to a perpetrator who has been found guilty, a judge has to find the proper balance between two diametrically opposed tendencies. On one side, there is the tendency towards justified sanctions, which serve to fulfill the purpose of general deterrence and a sense of justice. On the other side, there is the unquestionable need to adjust the punishment to the circumstances of the case and the perpetrator. Only criminal law that considers both the interest of the general public and the victim, but also the circumstances of the case, is able to serve as a true keeper of state order and the peace. This paper contributes to debates on disparity in sentencing. The authors first explain the theoretical basis of sentencing and the purpose of punishment in modern criminal law. In the second part, they discuss the problem of disparity and equality in sentencing from the comparative perspective of four different legal systems: German, Croatian, Serbian, and that of the United States. In the final part, the authors provide an explanation on their standpoint regarding this issue.

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