Sentencing in Europe

Abstract This chapter describes and explains the contrast between imprisonment rates in Europe and the United States. It emphasizes the complexity of reasons that prevent or promote high levels of imprisonment rates: the number of serious crimes; societies’ economic, social and political structures; differences in sentencing laws; and the organization of criminal justice systems. The author argues that there is no panacea that could be easily applied in every legal system for the purpose of moderating levels of sentence severity. However, this does not preclude trying to steer in this direction, for instance, by keeping mandatory minimums and maximums low, introducing day fines, advocating that judges and prosecutors are appointed rather than elected, and favoring a justice-oriented approach in law school education.