Speaking of Noise in Sentencing “Experiments show large disparities among judges in the sentences they recommend for identical cases. This variability cannot be fair. A defendant’s sentence should not depend on which judge the case happens to be assigned to.” “Criminal sentences should not depend on the judge’s mood during the hearing, or on the outside temperature.” “Guidelines are one way to address this issue. But many people don’t like them, because they limit judicial discretion, which might be necessary to ensure fairness and accuracy. After all, each case is unique, isn’t it?”
