Sentencing Policy And Social Justice

Sentencing Policy and Social Justice argues that the promotion of social justice should become a key objective of sentencing policy, advancing the argument that the legitimacy of sentencing ultimately depends upon the strength of the relationship between social morality and penal ideology. It sheds light on how shared moral values can influence sentencing policy at a time when relationships of community appear increasingly fragmented, arguing that sentencing will be better placed to make a positive contribution to social justice if it becomes more sensitive to the commonly-accepted moral boundaries that underpin adherence to the 'rule of law'. The need to reflect public opinion in sentencing has received significant attention more recently, with renewed interest in jury sentencing, 'stakeholder sentencing', and the involvement of community views when regulating policy. The author, however, advocates a different approach, combining a new theoretical focus with practical suggestions for reform, and arguing that the contribution sentencing can make to social justice necessitates a fundamental change in the way shared values about the advantages of punishment are reflected in penal ideology and sentencing policy. Using examples from international, comparative and domestic contexts to advance the moral and ethical case for challenging the existing theories of sentencing, the book develops the author's previous theoretical ideas and outlines how these changes could be given practical shape within the context of sentencing in England and Wales. It assesses the consequences for penal governance due to increased state regulation of discretionary sentencing power and examines the prospects for achieving the kind of moral transformation regarded as necessary to reverse such a move. To illustrate these issues each chapter focuses on a particularly problematic area for contemporary sentencing policy; namely, the sentencing of women; the sentencing of irregular migrants; sentencing for offences of serious public disorder; and sentencing for financial crime.

Sentencing Policy and Social Justice argues that the promotion of social justice should become a key objective of sentencing policy, advancing the argument that the legitimacy of sentencing ultimately depends upon the strength of the relationship between social morality and penal ideology. It sheds light on how shared moral values can influence sentencing policy at a time when relationships of community appear increasingly fragmented, arguing that sentencing will be better placed to make a positive contribution to social justice if it becomes more sensitive to the commonly-accepted moral boundaries that underpin adherence to the 'rule of law'. The need to reflect public opinion in sentencing has received significant attention more recently, with renewed interest in jury sentencing, 'stakeholder sentencing', and the involvement of community views when regulating policy. The author, however, advocates a different approach, combining a new theoretical focus with practical suggestions for reform, and arguing that the contribution sentencing can make to social justice necessitates a fundamental change in the way shared values about the advantages of punishment are reflected in penal ideology and sentencing policy. Using examples from international, comparative and domestic contexts to advance the moral and ethical case for challenging the existing theories of sentencing, the book develops the author's previous theoretical ideas and outlines how these changes could be given practical shape within the context of sentencing in England and Wales. It assesses the consequences for penal governance due to increased state regulation of discretionary sentencing power and examines the prospects for achieving the kind of moral transformation regarded as necessary to reverse such a move. To illustrate these issues each chapter focuses on a particularly problematic area for contemporary sentencing policy; namely, the sentencing of women; the sentencing of irregular migrants; sentencing for offences of serious public disorder; and sentencing for financial crime.

Examines the recent developments in penal policy, and asks whether they will make for more "justice". Drawing on international evidence the author asks whether making the punishment fit the crime can lessen the excessive penalization of the poor, the mentally disordered and racial minorities.

The prison has often been the focus for concerns about human rights violations, and campaigns aimed at achieving social justice, for those with an interest in the criminalisation of women. To reduce the number of women imprisoned, a range of policy initiatives have been developed to increase the use of community-based responses to women in conflict with the law. These initiatives have tended to operate alongside reforms to the prison estate and are often defined as ‘community punishment’, ‘community sanctions’ and ‘alternatives to imprisonment’. This book challenges the contention that improved regimes and provisions within the criminal justice system are capable of addressing human rights concerns and the needs of the criminalised woman. This book aims to provide a critical analysis of approaches and experiences of penal sanctions, human rights and social justice as enacted in different jurisdictions within and beyond the UK. Drawing on international knowledge and expertise, the contributors to this book challenge the efficacy of gender-responsive interventions by examining issues affecting women in the criminal justice system such as mental health, age, and ethnicity. Crucially, the book will engage with the paradox of implementing rights within a largely punishment-orientated system. This book will be of interest to those taking undergraduate and post-graduate courses that examine punishment, gender and justice, and which lend themselves to an international / comparative aspect such as criminal justice/criminology, (international) criminal justice courses; sociology as well as professional training for practitioners (criminal justice, social work, health) who work with women in the criminal justice system.

This book asks how we should make sense of sentencing when, despite huge efforts world-wide to analyse, critique and reform it, it remains an enigma.Sentencing: A Social Process reveals how both research and policy-thinking about sentencing are confined by a paradigm that presumes autonomous individualism, projecting an artificial image of sentencing practices and policy potential. By conceiving of sentencing instead as a social process, the book advances new policy and research agendas. Sentencing: A Social Process proposes innovative solutions to classic conundrums, including: rules versus discretion; aggravating versus mitigating factors; individualisation versus consistency; punishment versus rehabilitation; efficient technologies versus the quality of justice; and ways of reducing imprisonment.

"should be required reading for any practitioner who hasn't yet acquainted themselves with the essential points of probation research. The analysis of OASys and its history is particularly timely." VISTA What are community sentences for? How has the theory and practice of community supervision developed? What kind of impact has research evidence had on policy and practice? Can community sentencing help offenders and protect the public at the same time? Understanding Community Penalties provides a concise and critical understanding of community sentences in relation to policy, practice and research. Coverage of these three contexts is a distinguishing feature of the book, which takes a comprehensive approach informed by the authors' long involvement in this field. It begins by examining the role and function of community sentences, and how they challenge the framework of thinking about punishment in the criminal justice system. The book then traces the historical development of the theory and practice of community supervision, and shows what impact the first wave of research into its effectiveness has had on policy and practice. In the context of the penal crisis in recent years and the construction of crime as a political issue, a critical assessment is made by the authors of the achievements of, and problems facing, community sentencing, and they address the questions facing sentencers, politicians, policy makers and practitioners. In particular, they consider whether current organizational structures and divisions are appropriate for the purposes of punishing and helping in the community those who offend. In all, this authoritative text will be essential reading for students of criminology and criminal justice, and an invaluable reference for researchers and practitioners in the criminal justice system.

* Why should offenders be punished - what should punishments be designed to achieve? * Why has imprisonment become the normal punishment for crime in modern industrial societies? * What is the relationship between theories of punishment and the actual penalties inflicted on offenders? This revised and updated edition of a highly successful text provides a comprehensive account of the ideas and controversies that have arisen within law, philosophy, sociology and criminology about the punishment of criminals. Written in a clear, accessible style, it summarises major philosophical ideas - retribution, rehabilitation, incapacitation - and discusses their strengths and weaknesses. This new edition has been updated throughout including, for example, a new section on recent cultural studies of punishment and on the phenomenon of mass imprisonment that has emerged in the United States. This second edition includes a new chapter on restorative justice, which has developed considerably in theory and in practice since the publication of the first edition. The sociological perspectives of Durkheim, the Marxists, Foucault and their contemporary followers are analysed and assessed. A section on the criminological perspective on punishment looks at the influence of theory on penal policy, and at the impact of penal ideologies on those on whom punishment is inflicted. The contributions of feminist theorists, and the challenges they pose to masculinist accounts of punishment, are included. The concluding chapter presents critiques of the very idea of punishment, and looks at contemporary proposals which could make society's response to crime less dependent on punishment than at present. Understanding Justice has been designed for students from a range of disciplines and is suitable for a variety of crime-related courses in sociology, social policy, law and social work. It will also be useful to professionals in criminal justice agencies and to all those interested in understanding the issues behind public and political debates on punishment.