Offering a comment on the justification for sentences, this work refutes jurisprudential attacks on the propriety of mercy, and discusses the shortcomings of the Court of Appeal's approaches to consistency and other principles of sentencing. The appendices list "guideline cases" and definitions of "seriousness" for the purpose of different statutes.
This innovative volume explores a fundamental issue in the field of sentencing: the factors which make a sentence more or less severe. All sentencing systems allow courts discretion to consider mitigating and aggravating factors, and many legislatures have placed a number of such factors on a statutory footing. Yet many questions remain regarding the theory and practice of mitigation and aggravation. Drawing on legal and sociological perspectives and examining mitigation and aggravation in various jurisdictions, the essays provide practical illustrations of specific factors as well as theoretical justifications. After the foreword by Andrew von Hirsch, a number of contributors address broad conceptual issues raised at sentencing. These contributions are followed by several empirical chapters including an exploration of personal mitigation in English courts. The authors are leading scholars from a range of common law jurisdictions including England and Wales, the United States, Canada, Australia, New Zealand and South Africa.
In Criminal Sentencing in Bangladesh, Muhammad Mahbubur Rahman critically examines the sentencing policies of Bangladesh and demonstrates that the country’s sentencing policies are not only yet to be developed in a coherent manner and shaped with an appropriate and contextual balance, but also remain part of the problem rather than part of the solution. The author forcefully argues that the conception of ‘sentencing policies’ cannot and should not always be confined exclusively to institutional understandings. The typical realities of post-colonial societies call for rethinking the traditional judiciary-centred understanding of what is meant by criminal sentences. This book thus raises the question for theoretical sentencing scholarship whether the prevailing judiciary-centred understanding of sentencing should be rethought.
How do judges sentence? In particular, how important is judicial discretion in sentencing? Sentencing guidelines are often said to promote consistency, but is consistency in sentencing achievable or even desirable? Whilst the passing of a sentence is arguably the most public stage of the criminal justice process, there have been few attempts to examine judicial perceptions of, and attitudes towards, the sentencing process. Through interviews with Scottish judges and by presenting a comprehensive review and analysis of recent scholarship on sentencing – including a comparative study of UK, Irish and Commonwealth sentencing jurisprudence – this book explores these issues to present a systematic theory of sentencing. Through an integration of the concept of equity as particularised justice, the Aristotelian concept of phronesis (or 'practical wisdom'), the concept of value pluralism, and the focus of appellate courts throughout the Commonwealth on sentencing by way of 'instinctive synthesis', it is argued that judicial sentencing methodology is best viewed in terms of a phronetic synthesis of the relevant facts and circumstances of the particular case. The author concludes that sentencing is best conceptualised as a form of case-orientated, concrete and intuitive decision making; one that seeks individualisation through judicial recognition of the profoundly contextualised nature of the process.
This book provides a comprehensive and accessible introduction to probation. It brings together themes of policy, theory and practice to help students and practitioners better understand the work of probation, its limitations, its potential, but above all its value. Setting probation in the context of the criminal justice system, the book explores its history, purposes and contemporary significance. It explains what probation is and the practical realities of working with offenders in the community. The book also covers the governance of probation and how policy and practice are responding to contemporary concerns about crime and community safety. This book encourages readers to appreciate the practical and theoretical strengths and shortcomings of contemporary probation practice. This revised and updated new edition includes a full description and discussion of recent reforms in the probation service and the Transforming Rehabilitation policy agenda. It also offers further discussion of international perspectives on probation, including international developments and collaborative efforts between countries. This book is essential reading for trainee probation officers and students taking courses on probation, offender management, treatment and rehabilitation, working with offenders and community justice.
The author is well-placed to provide this overview. Currently an academic, his earlier career included serving as Deputy Secretary, UK Home Office, where he was responsible for that department's police and prison-related responsibilities. He also worked on the UK's first statutory sentencing framework, and developed proposals for multi-agency cooperation in criminal justice.
Sentencing Multiple Crimes confronts the practical and theoretical challenges for the criminal justice system when punishing multiple crime offenders, including the proportionality of the crimes committed, the temporal span between the crimes, and the relationship between theories about the punitive treatment of recidivists and multiple offenders. It provides a comprehensive examination of the dynamics involved with sentencing multiple offenders from the perspective of several legal theories.
The Howard League for Penal Reform is committed to developing an effective penal system which ensures there are fewer victims of crime, has a diminished role for prison and creates a safer community for all. In this collection of ten papers, the charity has brought together some of the most prominent academic experts in the field to map out what is happening in a specific area of criminal justice policy, ranging from prison privatisation to policing and the role of community sentences. The Howard League guide has two main aims: first it seeks to paint a picture of the current state of the penal system, using its structures, processes and the specific groups affected by the system as the lens for analysis. However, each author also seeks to identify the challenges and gaps in understanding that should be considered to predicate a move towards a reduced role for the penal system, and prison in particular, while maintaining public confidence and safer communities. In doing so, we hope to inspire researchers and students alike to develop new research proposals that challenge the status quo and seek to create the Howard League’s vision for the criminal justice system with less crime, safer communities, fewer people in prison.
Although the exercise of discretion often plays a key part in decisions which are made within the criminal justice system, definitions of discretion are not clear, and despite widespread recognition of its importance there is much controversy on its nature and legitimacy. This book focuses on the core elements and contexts of discretion, looking at the power, ability, authority and duties of individuals, officials and organisations to decide, select or interpret vague standards, requirements or statutory uncertainties.
Combining the latest work of leading sentencing and punishment scholars from twelve different countries, this major new international volume answers key questions in the study of sentencing and society. It presents not only a rigorous examination of the latest legal and empirical research from around the world, but also reveals the workings of sentencing within society and as a social practice. Traditionally, work in the field of sentencing has been dominated by legal and philosophical approaches. Distinctively, this volume provides a more sociological approach to sentencing: so allowing previously unanswered questions to be addressed and new questions to be opened. This extensive collection is drawn from around one third of the papers presented at the First International Conference on Sentencing and Society. Almost without exception, the chapters have been revised, cross-referenced and updated. The overall themes and findings of the international volume are set out by the opening "Introduction" and the closing "Reflections" chapters. Research findings on particular penal policy questions are balanced with an analysis of fundamental conceptual issues, making this international volume essential reading for: sentencing and punishment scholars, criminal justice policy-makers, and graduate students.
