Who Goes to Prison: International Developments in Structuring and Restricting the Use of Custody
One of the most important question judges face is whether they should impose a prison sentence or not. Legislative bodies and sentencing commission typically guide judges, often restricting the use of custody. The scholarship on this question is underdeveloped.
This workshop will explore the principles governing who should be incarcerated and their practical applications. The issues can be explored via doctrinal, comparative and empirical perspectives, yet each perspective should advance the principled sentencing debate. The workshop is not limited to a single jurisdiction or to discussing either continental and common law experiences: Both are welcome and the multi-jurisdictional ones even more.