NCJ Number
166955
Date Published
1995
Length
33 pages
Annotation
The central argument of this essay is that contemporary sentencing changes in different countries can be primarily understood by reference to three main conceptual developments: just deserts-human rights, managerialism, and the community.
Abstract
The just deserts approach to sentencing initially gained ground in the 1970's and has continued to attract attention among criminologists and policy makers. Just deserts theory is often linked to human rights, and the conception of defendants and prisoners in the context of human rights has emerged as a dominant influence on corrections and criminal justice. The growing importance of managerialism in criminal justice has perhaps received less academic attention than it deserves. A central feature of the managerialist approach is an emphasis on the criminal justice system, which is conceived as a system rather than as a collection of different parts. The need for effective delivery of individual entitlements, along with increasing pressure from both legislative and executive branches of government for efficient service delivery, have tended to push service providers into a managerialist approach. The concept of community has several facets of potential relevance to sentencing, such as community penalties and diversion, justice in and for local communities and groups, and the devolution of decision-making to the community. Just deserts, managerialism, and the community have uneven impacts in different societies due to different cultural and political frameworks. 113 footnotes and 2 tables