Understanding sentencing – Proportionality, Conformity and Sources of Law in Judicial Decision-making

This project aims to increase knowledge about sentencing in the Swedish legal system, by investigating how judges decide what sentence to impose in a particular case: What factors are taken into account, what knowledge do they use and how do they proceed methodically?
In particular, the project examines how key principles of sentencing are taken into account and balanced, such as the principle of proportionality and the interest in conformity in the application of the law. It explores the complex relationship between law in books and law in action, examining how first instance sentencing decisions reproduce the legal order of sentencing.

To answer these questions, I will observe criminal hearings in district courts, analyse the subsequent written judgements, and conduct interviews with the judge who presided over the hearing. During the interview, questions will be asked e.g. about the specific offence(s), the preparation and use of legal sources, and the sentencing factors considered.

The study aims to provide in-depth knowledge of how sentencing is carried out in practice. This knowledge is important for law students, practising lawyers and legal scholars to better understand the statutory law governing sentencing. At a time when sentencing law is undergoing many changes, the study also aims to contribute to a knowledge about the impact of legislative reforms on everyday sentencing decisions.