Every modern state sentences convicted offenders for their crimes. But what justifies the imprisonment of democratic citizens and how do we determine the severity of sentences? Does the theory of punishment closely connect with its practice? Should we support one purpose for sentencing or multiple purposes? Or should we reject sentencing in favour of alternatives to imprisonment? This volume brings together classic journal articles on sentencing selected from the work of leading, international figures in the field to address these controversial issues. Sentencing is examined from various critical perspectives, including the relation of theory and practice, the Model Penal Code and development of sentencing guidelines, the link between sentencing and emotions, punitive restoration, and sentencing alternatives such as restorative justice.
Table of Contents
Contents: Introduction. Part I Sentencing: Theory and Practice: Sentencing: theory, principle, and practice, Andrew Ashworth and Julian Roberts; Crime: in proportion and in perspective, John Gardner; Imprisonment and crime: can both be reduced?, Steven N. Durlauf and Daniel S. Nagin; The case for retributive sentencing, Richard L. Lippke; The place of public opinion in sentencing law, Stephen Shute. Part II Sentencing Guidelines and the Model Penal Code: The utility of desert, Paul H. Robinson and John M. Darley; The disutility of injustice, Paul H. Robinson; Sentencing guidelines at the crossroads of politics and expertise, Rachel E. Barkow; Departures from the sentencing guidelines, Andrew Ashworth; Sentencing councils and victims, Ian Edwards. Part III Sentencing and Emotions: Hearing the voices of victims and offenders: the role of emotions in criminal sentencing, Jonathan Doak and Louise Taylor. Part IV Sentencing as Punitive Restoration: The arts and prisoners: experiences of creative rehabilitation, Briege Nugent and Nancy Loucks; High-intensity rehabilitation for violent offenders in New Zealand: reconviction outcomes for high- and medium-risk prisoners, Devon L.L. Polaschek; Unified theory, Thom Brooks; Stakeholder sentencing, Thom Brooks. Part V Sentencing Alternatives: Setting standards for restorative justice, John Braithwaite; Responsibilities, rights and restorative justice, Andrew Ashworth; Feminism, rape and the search for justice, Clare McGlynn. Name index.
Thom Brooks is Reader in Law at University of Durham, UK.