And, even in the absence of statutes, judges are bound by the common law. Given the prevalence of mandatory minimum sentencing laws and sentencing guidelines, the arbitrariness advocated by other posters on this board simply doesn't exist.
That sentences were handed out by a look-up chart in a computer database?
You mean like the federal sentencing guidelines, which is exactly a lookup chart? When they were adopted, judges pissed and moaned and screamed about how they were too rigid and inflexible.
But notice what happened when the Supreme Court struck down the federal sentencing guidelines last year: judges, almost uniformly, still follow them in handing out sentences. Predictability is an asset.
So, I guess we don't have a look-up chart after all, do we.
Predictability is an asset.
And rigidity is a liability. You do as much damage to the people's trust in the Rule of Law by outrageously harsh punishments for minor offenses as you do for outrageously lenient sentences for heinous crimes.