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Sentencing Guidelines

Sentencing Guidelines Exploring the English Model

Author: Andrew Ashworth; Julian V. Roberts
Publisher: Oxford University Press
ISBN: 9780199684571
Published In: July 2013
Format: Hardback , 320 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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The first book-length examination of the reformed sentencing guidelines of England and Wales in international perspective
Discusses a range of issues raised by the sentencing guidelines, including the role of public opinion and the role of the crime victim in developing guidelines
International team of experts on sentencing ensure multi-jurisdictional and cross-disciplinary coverage

The politics of criminal sentencing has recently crystallised around the issue of whether and how a system of structured sentencing should inform judicial approaches to punishing criminals. Increasingly, structured sentencing guidelines are being introduce to frame judicial discretion. This volume is the first to examine the experience in England and Wales in the light of international developments.

This collection of essays begins with a clear and concise history of the guidelines as well as a description of how they function. Topics addressed include the effect of guidelines on judicial practice, the role of public opinion in developing sentencing guidelines, the role of the crime victim in sentencing guidelines, and the use of guidelines by practicing barristers. In addition, the international dimension offers a comparative perspective: the English guidelines are explored by leading academics from the United States and New Zealand.

Although there is a vast literature on sentencing guidelines across the United States, the English guidelines have attracted almost no attention from scholars. As other jurisdictions look to introduce more structure to sentencing, the English scheme offers a real alternative to current US schemes. Contributors include practicing lawyers, legal and socio-legal academics, and also scholars from several other countries including New Zealand and the United States, providing a multidisciplinary and cross-jurisdictional approach to sentencing. This book will be of interest to academics from law, sociology and criminology, legal practitioners, and indeed anyone else with an interest in sentencing, around the world.

Readership: Students and scholars studying sentencing and punishment; also scholars and practitioners in criminal law, criminology, and criminal justice, and philosophy of law

1: Andrew Ashworth and Julian V. Roberts: The Origins and Structure of Sentencing Guidelines in England and Wales
2: Andrew Ashworth: The Struggle for Supremacy in Sentencing
3: Nicola Padfield: Exploring the Success of Sentencing Guidelines
4: Barry Mitchell: Sentencing Guidelines for Murder: From Political Schedule to Principled Guidelines
5: Ian Edwards: Victims, Sentencing Guidelines and the Sentencing Council
6: Neil Hutton: The Definitive Guideline on Assault Offences: The Performance of Justice
7: Julian V. Roberts: Sentencing Guidelines: New Findings from the Crown Court Survey
8: Hannah Maslen and Julian V. Roberts: Remorse and Sentencing: An Analysis of the Sentencing Guidelines and Sentencing Practice
9: Mike Hough and Amy Kirby: The Role of Public Opinion in Formulating Sentencing Guidelines
10: John Cooper: Nothing Personal: The Impact of Personal Mitigation at Sentencing since Creation of the Council
11: Mandeep Dhami: A 'Decision Science' Perspective on the Old and New Format Guidelines
12: Kevin Reitz: Comparing Sentencing Guidelines: Do the US Systems have anything Worthwhile to offer England and Wales?
13: Warren Young and Andrea King: The Origins and Evolution of Sentencing Guidelines: A Comparison of England and Wales and New Zealand
14: Tom O'Malley: Living without Guidelines
15: Cyrus Tata: The Struggle for Sentencing Reform: Will the English Guidelines Spread?
16: Estella Baker: Sentencing Guidelines and EU Law

Edited by Andrew Ashworth, Vinerian Professor of English Law, University of Oxford, and Julian V. Roberts, Professor of Criminology, University of Oxford

Andrew Ashworth, Q.C., is Vinerian Professor of English Law, University of Oxford and a Fellow of All Souls College. He is the author of Sentencing and Criminal Justice (5th edn.,, Cambridge University Press). Other recent volumes include Principled Sentencing (3rd edn., with A. von Hirsch and J.V. Roberts) and Proportionate Sentencing (Oxford University Press, with A. von Hirsch). He teaches sentencing courses at the University of Oxford.

Julian V. Roberts is a Professor of Criminology in the Faculty of Law, University of Oxford. Sentencing has been his principal area of research and teaching since 1984. Recent books include: Mitigation and Aggravation at Sentencing (Cambridge University Press, 2011); The Role of Previous Convictions at Sentencing (Oxford: Hart Publishing, with A. von Hirsch); Punishing Persistent Offenders (2008, Oxford University Press); Principled Sentencing (with A. von Hirsch et al., 2009; Oxford: Hart). Roberts teaches sentencing courses at the University of Oxford.

Contributors:
Andrew Ashworth, Vinerian Professor of English Law, University of Oxford
Estella Baker, Professor of European Criminal Law and Justice, Leicester De Montfort Law School
John Cooper Q.C., 25 Bedford Row
Mandeep K. Dhami, Reader in Forensic Psychology, University of Surrey
Ian Edwards, senior lecturer in law, University of East Anglia
Mike Hough, Professor of Criminal Policy, Birkbeck, University of London
Neil Hutton, Professor of Criminal Justice, University of Strathclyde
Andrea King, Senior Legal and Policy Advisor, Law Commission of New Zealand
Amy Kirby, Institute for Criminal Policy Research at Birkbeck, University of London
Hannah Maslen, Research Fellow, Philosophy Department, University of Oxford
Barry Mitchell, Professor of Criminal Law and Criminal Justice, School of Law, Coventry University
Tom O'Malley, Senior Lecturer in Law, National University of Ireland, Galway
Nicola Padfield, University Senior Lecturer, Faculty of Law, University of Cambridge.
Kevin Reitz, James Annenberg La Vea Professor, University of Minnesota Law School
Julian V. Roberts, Professor of Criminology, Faculty of Law, University of Oxford
Cyrus Tata, Reader in Law, Strathclyde University
Warren Young, Deputy President of the New Zealand Law Commission