Confronting imperfections: A study of judicial responses to sentencing disparity in Slovenia

• In Event: Sentencing 6. National and Comparative Perspectives

Abstract

The paper explores the intricate dynamics of judicial decision-making by presenting the challenges judges face within an imperfect sentencing framework. Drawing on empirical data from three distinct studies involving legal practitioners in Slovenia, it starts with the unavoidable disparity uncovered through the dual prisms of hypothetical vignettes and case-law analyses.
However, the paper does not focus on said disparities but seeks to explore the undercurrents of judicial sentiment and strategy when confronted with evidence of systemic disparities. It explores their reactions, gathered through observations and interviews, and posits them in a context where they can be understood and further explored. The paper's central theme revolves around the subjective experiences of judges, the personal ethos of sentencing they develop, their reliance on prosecutorial input and peer consultation, and their attitudes towards potential reforms.
By shedding light on the subjective experiences of judges grappling with an imperfect system, this study offers a critical insight into understanding the personal dimension of sentencing and its interrelation with sentencing as a systemic process.

Author

• Mojca M. Plesničar, Institute of Criminology at the Faculty of Law Ljubljana