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Sentencing Policy and Social Justice

Sentencing Policy and Social Justice

Author: Ralph Henham
Publisher: Oxford University Press
ISBN: 9780198718895
Published In: February 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

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

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