Theory 088/Law & Forensic Science
Disparity Is a Discretion Ratio
The claim
Sentencing disparity is set by the ratio of judicial discretion to appellate review rather than by the sentencing range.
01The mechanism
Disparity accumulates where decisions are unobserved and uncorrected; a wide range with strong review produces less than a narrow range with none.
02Predictions
- P1Disparity should track the ratio.
- P2Narrower ranges without review should not reduce it.
03Refutation
Disparity tracking range width would remove the review term.