Reflections on the Role of the Sentencing Scholar (From Politics of Sentencing Reform, P 251-265, 1995, Chris Clarkson and Rod Morgan, eds. -- See NCJ-166963)

• NCJ Number: 166962
• Author(s): A Ashworth
• Date Published: 1995
• Length: 15 pages
• Sale Source: Oxford University Press
• Publication Type: Research (Applied/Empirical)
• Language: English
• Country: United Kingdom

Annotation

Common confusions about sentencing reform are identified, what different groups of people expect from sentencing systems are explored, and the role of the sentencing scholar is scrutinized.

Abstract

Confusion is often associated with sentencing aims and methods, the choice and completeness of sentencing rationales, the relevance of sentencing principles and policies, judicial independence, and unlimited judicial discretion. Although widespread satisfaction has not always been one of the achievements of sentencing reform, sentencing is a high profile form of public decisionmaking that encompasses a wide range of cases and circumstances. Members of the public, politicians, and judges have come to expect sentencing systems to influence crime rates. Nonetheless, tensions have developed between academicians and sentencing practitioners as to what sentencing systems should accomplish. Those who study sentencing should look at sentencing theory, sentencing rationales, ways to structure sentencing that support the rule of law, and workable sentencing reforms and should engage in empirical research on the sentencing process. 53 footnotes