This book seeks to understand the nature of the connection between alcohol and crime, and the way the criminal justice system responds to the problem, providing a clear and accessible account and analysis of the subject. It draws upon a wide range of sources and research findings, and also sets the subject within a broader comparative context by adopting an interdisciplinary approach which includes a sociological account of the role of alcohol in British society, and a criminological analysis of the link between alcohol and crime.
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Abstract: Academic literature has generally claimed that the importance of desert has been reduced dramatically over the past decade and now plays a minimal role in the sentencing of adult offenders. Whilst an initial reading of the Criminal Justice Act 2003 would support such a view, it will be shown that the Act preserves some very important retributive concepts. In addition, guidance from the Sentencing Guidelines Council, established by the 2003 Act, has concentrated on issues of harm and culpability, again suggesting that notions of desert remain highly important. Commentators have also maintained that provisions in the 2003 Act which allow sentencers to have regard to any relevant previous convictions in determining the seriousness of an offence demonstrate a retreat from desert. This claim will be analysed with reference to the extent that theories of desert can accommodate previous convictions. It will be concluded that, despite some significant changes to sentencing policy, desert retains a central role in the sentencing of adult offenders.
This article considers how the Court of Appeal has interpreted the provisions in the Criminal Justice Act 1991 which allow for the selective incapacitation of violent or sexual offenders in order to protect the public. It is argued that the Court of Appeal has been reluctant to use these provisions and, when they have been employed, the Court has introduced notions of proportionality in calculating the length of the sentence which would appear to undermine the government's policy in this area. The Court of Appeal's stance, however, recognises both the empirical and moral problems inherent in a policy of selective incapacitation and the failings of the 'extended sentence' which was abolished by the 1991 Act.
Can the criminal justice system achieve justice based on its ability to determine the truth? This book investigates the concept of truth and scrutinises how well the criminal justice process facilitates truth-finding. It bridges the gap between what people expect from the justice system and what it can legitimately deliver
We live in a society that is increasingly preoccupied with allocating blame: when something goes wrong someone must be to blame. Bringing together philosophical, psychological, and sociological accounts of blame, this is the first detailed criminological account of the role of blame in which the authors present a novel study of the legal process of blame attribution, set in the context of criminalisation as a social and political process
Available Open Access under CC-BY-NC-ND licence We live in a society that is increasingly preoccupied with allocating blame: when something goes wrong someone must be to blame. Bringing together philosophical, psychological, and sociological accounts of blame, this is the first detailed criminological account of the role of blame in which the authors present a novel study of the legal process of blame attribution, set in the context of criminalisation as a social and political process. This timely and topical book will be essential reading for anyone working or researching in the criminal justice field. It will also be of wider interest to anyone wishing to discover the role of blame in modern society.
We live in a society that is increasingly preoccupied with allocating blame: when something goes wrong someone must be to blame. Bringing together philosophical, psychological, and sociological accounts of blame, this is the first detailed criminological account of the role of blame in which the authors present a novel study of the legal process of blame attribution, set in the context of criminalisation as a social and political process.
We live in a society that is increasingly preoccupied with allocating blame: when something goes wrong someone must be to blame. Bringing together philosophical, psychological, and sociological accounts of blame, this is the first detailed criminological account of the role of blame in which the authors present a novel study of the legal process of blame attribution, set in the context of criminalisation as a social and political process.
