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This book sets out to explore the role of community penalties in sentencing, arguing that the absence of a strong intellectual framework or underpinning has hampered their development in policy and practice. The research undertaken for this book involved asking people with a particular stake in criminal justice what the point of punishment was and what the courts were trying to achieve in sentencing offenders. It identifies the role of communication as crucial, and looks at ways in which 'communication' can be used to make punishment more constructive, exploring the role of restorative processes and considering the implications of the custody-community provisions in the Criminal Justice Act 2003. Reforming Community Penalties is a major contribution to penological theory and thinking about sentencing and role in criminal justice, and will be essential reading for all with a practitioner or academic interest in this subject. Its findings are likely to play a key role in aiding the development and practice of community penalties, and enabling them to command greater support, and to become a genuine alternative to the increasing use of custody in sentencing and punishment.
In this book a group of leading authorities in the field address the key issues surrounding the future of sentencing in Britain, in the light particularly of the highly influential Halliday Report. These proposals for reform amount to the single most ambitious and comprehensive set of proposals for reconstituting the sentencing system of a common-law country, and include proposals to replace existing sentencing statutes, the establishment of a sentencing commission and sentencing guidelines, and the creation of a sentence review function in the judiciary. As well as addressing the major issues of the Halliday Report the chapters in this book go beyond this to explore the broader set of policy problems and implications which are raised, drawing upon experiences of reform in other jurisdictions and contexts, particularly that of the USA. This book will be essential reading for anybody with an interest in the future of sentencing or the future direction of the criminal justice system as a whole.
This book sets out to explore the role of community penalties in sentencing, arguing that the absence of a strong intellectual framework or underpinning has hampered their development in policy and practice. The research undertaken for this book involved asking people with a particular stake in criminal justice what the point of punishment was and what the courts were trying to achieve in sentencing offenders. It identifies the role of communication as crucial, and looks at ways in which 'communication' can be used to make punishment more constructive, exploring the role of restorative processes and considering the implications of the custody-community provisions in the Criminal Justice Act 2003. Reforming Community Penalties is a major contribution to penological theory and thinking about sentencing and role in criminal justice, and will be essential reading for all with a practitioner or academic interest in this subject. Its findings are likely to play a key role in aiding the development and practice of community penalties, and enabling them to command greater support, and to become a genuine alternative to the increasing use of custody in sentencing and punishment.
In the 2010 green paper, Breaking the cycle (Cm. 7972, ISBN 9780101797221), the Government set out plans for overhauling the way sentences served in the community are used, to increase the public's confidence in them and to tackle the continuing problem of reoffending. This consultation explores in more detail how that can be achieved and sets out proposals for radical reforms to the way in which sentences served in the community operate. Victims and society have a right to expect that wrongdoing results in punishment, and that they will be protected from further reoffending. Ultimately the goal must be to reduce crime and see fewer victims. Community orders need to be demanding and rigorously enforced so that they are as punitive and effective as a custodial sentence. The Government is clear that short prison sentences have their place, and this consultation does not seek to replace them with community sentences. But where an offender is on the cusp of custody, sentencers should have a genuine choice. Views are sought here on how that can be done through a tough package of requirements. A Consultation on effective probation services is publishing simultaneously (Cm. 8333, ISBN 9780101833325)
Dated October 2012. Government response to consultation "Punishment and reform: effective community sentences" (Cm. 8334, ISBN 9780101833424). Includes a summary of responses received. On cover: Response to Consultation CP(R)20/2012
Adolescence is a distinct, yet transient, period of development between childhood and adulthood characterized by increased experimentation and risk-taking, a tendency to discount long-term consequences, and heightened sensitivity to peers and other social influences. A key function of adolescence is developing an integrated sense of self, including individualization, separation from parents, and personal identity. Experimentation and novelty-seeking behavior, such as alcohol and drug use, unsafe sex, and reckless driving, are thought to serve a number of adaptive functions despite their risks. Research indicates that for most youth, the period of risky experimentation does not extend beyond adolescence, ceasing as identity becomes settled with maturity. Much adolescent involvement in criminal activity is part of the normal developmental process of identity formation and most adolescents will mature out of these tendencies. Evidence of significant changes in brain structure and function during adolescence strongly suggests that these cognitive tendencies characteristic of adolescents are associated with biological immaturity of the brain and with an imbalance among developing brain systems. This imbalance model implies dual systems: one involved in cognitive and behavioral control and one involved in socio-emotional processes. Accordingly adolescents lack mature capacity for self-regulations because the brain system that influences pleasure-seeking and emotional reactivity develops more rapidly than the brain system that supports self-control. This knowledge of adolescent development has underscored important differences between adults and adolescents with direct bearing on the design and operation of the justice system, raising doubts about the core assumptions driving the criminalization of juvenile justice policy in the late decades of the 20th century. It was in this context that the Office of Juvenile Justice and Delinquency Prevention (OJJDP) asked the National Research Council to convene a committee to conduct a study of juvenile justice reform. The goal of Reforming Juvenile Justice: A Developmental Approach was to review recent advances in behavioral and neuroscience research and draw out the implications of this knowledge for juvenile justice reform, to assess the new generation of reform activities occurring in the United States, and to assess the performance of OJJDP in carrying out its statutory mission as well as its potential role in supporting scientifically based reform efforts.
In this book a group of leading authorities in the field address the key issues surrounding the future of sentencing in Britain, in the light particularly of the highly influential Halliday Report. These proposals for reform amount to the single most ambitious and comprehensive set of proposals for reconstituting the sentencing system of a common-law country, and include proposals to replace existing sentencing statutes, the establishment of a sentencing commission and sentencing guidelines, and the creation of a sentence review function in the judiciary. As well as addressing the major issues of the Halliday Report the chapters in this book go beyond this to explore the broader set of policy problems and implications which are raised, drawing upon experiences of reform in other jurisdictions and contexts, particularly that of the USA. This book will be essential reading for anybody with an interest in the future of sentencing or the future direction of the criminal justice system as a whole.
This book evaluates the impact of tough sentencing reforms on the courts, prisons, and crime. It also unpacks the resulting policy implications.