NCJ Number
235137
Journal
Criminology & Criminal Justice Volume: 11 Issue: 2 Dated: April 2011 Pages: 181-197
Date Published
April 2011
Length
17 pages
Annotation
This article discusses the public attitudes to prison or community order sentencing in England and Wales.
Abstract
Determining the factors which make a difference between a custodial sentence and a community penalty is one of the most challenging decisions for sentencers. Little research to date has explored the nature of public reaction to mitigating factors and the circumstances which may justify imposition of a community penalty even though the custodial threshold has been crossed. This article reports findings from a representative survey of the British public. Respondents were asked a series of questions designed to explore public reaction to sentencing cases at the custodial threshold. Public opinion polls suggest that the public respond punitively at sentencing, and have little sympathy for mitigating factors relating to the offender. In a series of questions, using experimental manipulations, respondents demonstrated considerable flexibility when sentencing cases near the custodial threshold. Significant support emerged for a wide range of mitigating factors at sentencing. The strength of public support for custody as a sanction was also explored by providing respondents who had imposed a term of imprisonment a possible alternative community penalty. Significant proportions of respondents found the alternative acceptable, even for relatively serious offences. (Published Abstract)