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by fontain 22 days ago
“most countries now have pretty strict sentencing guidelines”

That’s a vast, vast overstatement.

“You should be able to predict the outcome of a court case if you have all the facts available. That's what fairness means.”

Too much of a simplification. The role of a jury is to interpret the evidence, every jury is unique. Evidence is not an absolute, there are no “facts”. A judge can include/exclude evidence that would sway a jury one way or the other. Sentencing, even without guidelines, is the least variable part of the criminal justice system in the western world.

1 comments

Fair, most countries that follow the common law judicial system I should have said.