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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.
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.
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.
Using empirical research, this book investigates how defendants are
assessed by criminal justice decision-makers, such as judges,
lawyers, probation officers, parole board members and those
involved in restorative justice. What attitudes and emotions are
defendants expected to show? How are these expectations
communicated? The book argues that defendants, at various stages of
the criminal justice process, are expected to show a (more or less)
free acceptance of guilt and individual responsibility along with a
display of ‘appropriate’ emotions, ideally including
‘genuine’ remorse. It examines why such expressions of
individual responsibility and remorse are so important to
decision-makers and the state. With contributors from across the
world, including the UK, Australia, Canada, France, Denmark, the
Netherlands, and Slovenia, the book opens new comparative
possibilities and research agendas.
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