Lexipedia

Sentencing guidelines

Sentencing guidelines structure judicial discretion in punishment, but their binding force and design vary widely across jurisdictions.

Sentencing guidelines are rules or frameworks that promote consistency in choosing and measuring penalties. Some jurisdictions use detailed grids or presumptive ranges; others rely on statutory criteria and judicial reasoning. Swiss sentencing is guided by legal principles such as culpability, proportionality, prevention, personal circumstances, and the statutory penalty range, rather than a comprehensive guideline grid of the kind found in some common-law systems. The comparative value of guidelines lies in transparency, equality, and predictability, balanced against individualised justice.