Sentencing policy and social justice /

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Bibliographic Details
Author / Creator:	Henham, Ralph J., 1949- author.
Edition:	First edition.
Imprint:	Oxford, United Kingdom : Oxford University Press, 2018. ©2018
Description:	xi, 308 pages ; 23 cm.
Language:	English
Series:	Clarendon studies in criminology Clarendon studies in criminology.
Subject:	Sentences (Criminal procedure) -- England. Sentences (Criminal procedure) -- Wales. Social justice -- England. Social justice -- Wales. Sentences (Criminal procedure) Social justice. England. Wales.
Format:	Print Book
URL for this record:	http://pi.lib.uchicago.edu/1001/cat/bib/11445462

Hidden Bibliographic Details
ISBN:	0198718896 9780198718895
Notes:	Includes bibliographical references (pages [265]-293) and index.
Summary:	Sentencing policy and social justice' argues that the promotion of social justice should become a key objective of sentencing policy, advancing the argument that the legitimacy of sentencing ultimately depends upon the strength of the relationship between social morality and penal ideology. It sheds light on how shared moral values can influence sentencing policy at a time when relationships of community appear increasingly fragmented, arguing that sentencing will be better placed to make a positive contribution to social justice if it becomes more sensitive to the commonly-accepted moral boundaries that underpin adherence to the 'rule of law'.

Table of Contents:

Introduction
Rationale and Scope
Summary of the Argument
The Structure of the Book
2. Sentencing Policy and Changing Notions of Social Justice
Introduction
Punishment and the Relationship between Citizen and State
Justice and Social Context
The Social Reality of Sentencing Policy and Social Justice
The Relationship between Rights, Norms, and Ethics
The State's Duty to Promote Social Justice through Sentencing
The Politics of Sentencing and the Relevance of Social Values
Social Justice and the Sentencing of Irregular Migrants
2. Sentencing Policy as a Force for Social Cohesion
Introduction
Conceptualizing Sentencing as a Normative Function
Problems of Relating Social Values to Sentencing
Sentencing Policy in a Fragmented Society
Lessons from the English Riots of 2011
3. The Relevance of Globalization and Notions of Transition
Introduction
The Impact of Globalization on Sentencing Policy
Problems of Comparison and Policy Transfer in Sentencing
Recognizing the Relativity of Value
Sentencing and the Notion of Transition
Social Values and the Sentencing of Financial Crime
4. Engaging Sensibilities and the Common Good
Introduction
Sentencing as Therapy
Public Perceptions of Sentencing
Sentencing Policy and the Common Good
Conclusion and Implications
5. Bridging the Gap between Political and Penal Legitimacy
Introduction
The Legitimacy of Sentencing and the Political Economy
Achieving Greater Recognition for Social Justice in Sentencing
Communitarian Values and the Politics of Sentencing
Social Justice and the Sentencing of Women
6. Establishing New Foundations and Structures for Governance
Introduction
Recasting the Moral Values that Inform Penal Ideology
The Implications for Sentencing Research
The Impact on Criminal Justice Governance
Problems of Moving from Theory to Practice
The Role of Judicial Discretion
Prioritizing Substantive Justice
Countering the Secularization of Justice Delivery
7. Some Practical Implications for Policy and Practice
Introduction
Strategies for Achieving Practical Reform
Reflecting Social Value
A Publicly Justifiable Framework of Penal Objectives
Developing a Workable Test of Social Value
Developing an Integrated Sentencing Framework
8. Conclusion
The Case for Change
The Implications for Sentencing Policy
Enhancing the Moral Credibility of Sentencing
Promoting Social Justice as a Realistic Objective
Strategies for Developing Judicial Discretionary Power
Restoring Public Confidence and Trust in Discretionary Justice
Concluding Comments
References
Index

Sentencing policy and social justice /

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