NCJ Number
198140
Date Published
1998
Length
230 pages
Annotation
This book examines correctional policy in England and Wales that has led to unmanageable custodial populations, critiques community-based punishments, and explores ways to improve existing correctional practices.
Abstract
The first chapter traces the emergence of the current sentencing framework in England and Wales and identifies the major shifts in criminal justice policy that have given the framework its particular structure. The second chapter examines the main philosophical theories that have been used to justify the imposition of state punishment, notably the concept of "just deserts" and some of the challenges to this justification. This is followed by two chapters that review the history of the probation services. Chapter five presents an overview of the community-based punishments that are currently available in England and Wales, including probation orders, community services, and curfew orders; procedural requirements associated with their use by the courts are also addressed. Chapter six features a discussion of fines, other financial penalties, and miscellaneous non-custodial orders, such as "bans" and "bind-overs." One of the central issues discussed in this book is fairness in sentencing, given a society that is fragmented along lines of age, gender, race, and wealth. With this in mind, chapter seven analyzes some of the problems associated with attempting to measure how community penalties are being used and how effective the use has been. Chapter eight summarizes the preceding chapters in order to draw lessons from the experience of current sentencing and avoid repeating previous mistakes. The author argues that prison is ineffective and destructive in promoting community safety. What is needed is a graduated system of realistic, demanding, and constructive community punishments matched to the needs of particular offenders. Such community punishments must provide adequate retribution for offending behavior, together with reasonable levels of protection from further offending at a cost that is not out of proportion to that spent on other social programs. A strategy is suggested for removing correctional policy from the political arena, so as to facilitate more rational and consistent policy development and implementation. 43 suggested readings and a 425-item bibliography