Buch, Englisch, 320 Seiten, Format (B × H): 145 mm x 222 mm, Gewicht: 538 g
Buch, Englisch, 320 Seiten, Format (B × H): 145 mm x 222 mm, Gewicht: 538 g
ISBN: 978-0-19-871889-5
Verlag: Oxford University Press(UK)
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.
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Weitere Infos & Material
- Introduction
- 1. Sentencing policy and changing notions of social justice
- Introduction
- Punishment and the relationship between citizen and state
- Justice and social context
- The social reality of sentencing policy and social justice
- The relationship between rights, norms and ethics
- The state's duty to promote social justice through sentencing
- The politics of sentencing and the relevance of social values
- Social justice and the sentencing of irregular migrants
- 2. Sentencing policy as a force for social cohesion
- Introduction
- Conceptualising sentencing as a normative function
- Problems of relating social values to sentencing
- Sentencing policy in a fragmented society
- Lessons from the English riots of 2011
- 3. The relevance of globalisation and notions of transition
- Introduction
- The impact of globalisation on sentencing policy
- Problems of comparison and policy transfer in sentencing
- Recognising the relativity of value
- Sentencing and the notion of transition
- Social values and the sentencing of financial crime
- 4. Engaging sensibilities and the common good
- Introduction
- Sentencing as therapy
- Public perceptions of sentencing
- Sentencing policy and the common good
- Conclusions and implications
- 5. Bridging the gap between political and penal legitimacy
- Introduction
- The legitimacy of sentencing and the political economy
- Achieving greater recognition for social justice in sentencing
- Communitarian values and the politics of sentencing
- Social justice and the sentencing of women
- 6. Establishing new foundations and structures for governance
- Introduction
- Re-casting the moral values that inform penal ideology
- The implications for sentencing research
- The impact on criminal justice governance
- Problems of moving from theory to practice
- The role of judicial discretion
- Prioritising substantive justice
- Countering the secularisation of justice delivery
- 7. Some practical implications for policy and practice
- Introduction
- Strategies for achieving practical reform
- Reflecting social value
- A publicly justifiable framework of penal objectives
- Developing a workable test of social value
- Developing an integrated sentencing framework
- 8. Conclusion
- The case for change
- The implications for sentencing policy
- Enhancing the moral credibility of sentencing
- Promoting social justice as a realistic objective
- Strategies for developing judicial discretionary power
- Restoring public confidence and trust in discretionary justice
- Concluding comments
