Guidelines dictate ranges of sentences that can be applied when a defendant is found guilty. But Louisville Republican Rep. Jason Nemes says the range of jail times, for instance, can be large, and judges owe it to the public to explain why they might lean one way or another in any given case.
His stated reason for wanting more detail: "Right now in Kentucky, two people convicted of the same felony with the same criminal history in different counties can receive dramatically different sentences, not because the facts are different, but because the geography or which judge drew the case. I think that's hard to defend as justice in the commonwealth."
Nemes' legislation, which is still in the drafting process, would not permit judges to hand down sentences outside of the sentencing limits, but it would require them to explain why they opted for sentences that are above or below the level recommended by the legislature.
As an additional level of transparency, Nemes said it would benefit voters casting ballots for judges.
"If we're going to have a situation where we elect judges, voters ought to know how the judge is behaving. And so, if the judge goes away from what's suggested by the legislature, the norm, if you will, then the judge needs to make the case to everybody, including the voter," Nemes said.
The legislator acknowledged his personal interest in the matter is that he believes some judges in his district are overly lenient, and he wants to know why. But he said the mandate to explain sentencing is also supported by many on the left, who see it as a bulwark against racial disparities in sentencing.