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.
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.
Ralph Henham, Emeritus Professor of Criminal Justice at Nottingham Law School, Nottingham Trent University.
Inhaltsangabe
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
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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