Individuality in Criminal Proceedings

• In Event: Sentencing Policy, Legal Doctrine and the Sentencing Process

Abstract

A fundamental principle of the rule of law is that judicial decisions in criminal proceedings must be based on an individualized assessment.

The key challenge in this context is the 'group-to-individual' problem. Statistical risk assessments cannot determine guilt or risk at an individual level. Instead, they risk leading to systemic discrimination, disproportionately affecting entire demographic groups. Such practices undermine democratic principles by reinforcing social inequalities and eroding public trust in the justice system.

Therefore, individualized judicial decisions are essential to safeguarding against wrongful convictions and excessive preventive measures, as they prioritize causation over mere correlation. Courts must balance empirical knowledge with the inherent unpredictability of human behavior, ensuring that defendants are treated as individuals rather than statistical abstractions.

Author

• Christian Steffan, Johannes Gutenberg University Mainz, Germany