КОМПАРАТИВНА АНАЛИЗА НА МЕХАНИЗМИТЕ НА УПАТСТВА ЗА ОДМЕРУВАЊЕ КАЗНА: УПАТСТВОТО ЗА ОДМЕРУВАЊЕ КАЗНА ВО САД

Abstract

In this article the authors provide a comparative analysis of the sentencing guidelines mechanisms, with a particular emphasizes on the United States Sentencing Guidelines. The authors summarized the present United States Sentencing Guidelines in order to point to it as a positive example of application. The idea is to present the origin model in a way that would be useful to enhance the Sentencing Guidelines recently applied in the criminal justice system of the Republic of Macedonia. The authors present the methodological approach for the creation of the Guidelines in the United States, and briefly present its content. The authors of the article conclude that the issue of judicial sentencing policy is a question thatrequires continuesresearch and settingmethodology for monitoring the sentencing policy of the courts on the territory of the whole country. Sentencing is a dynamic field that requires continuous monitoring and review of penal policy in accordance with the experiences of the application and learning what motivates and controls criminal behaviour. Hence, the authors of the article, following the example of many other countries, problematize the question of the necessity of establishing a permanent professional expert body which would monitor the sentencing practicesin the Republic of Macedonia and would issue sentencing guidelines or these issues should continue to be resolved by legal opinions and general positions of the Supreme Court of the Republic of Macedonia.