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Borderline Sentencing: A Comparison of Sentencers' Decision Making in England and Wales, and Scotland

NCJ Number
220115
Journal
Criminology & Criminal Justice Volume: 7 Issue: 3 Dated: August 2007 Pages: 243-267
Author(s)
Andrew Millie; Jacqueline Tombs; Mike Hough
Date Published
August 2007
Length
25 pages
Annotation
This articles looks at the differences in sentencing decisions in two jurisdictions: England and Wales, and Scotland.
Abstract
The article recommends that judges and magistrates receive better information about sentence effectiveness, that courts be aware of what is happening to offenders after they are sentenced, and for there to be more uniformity with sentences. However, it was found that despite the differences in legal systems and criminal justice structures, the sentencer’s decision was remarkably similar in both jurisdictions. Since the 1990s, the prison population in England, Wales and Scotland has increased to the point where more people per head of the population imprisoned in both jurisdictions. This article discusses some of the main research findings in the two countries. The author conducted two parallel studies as part of the Esmee Fairbairn Foundation’s Rethinking Crime and Punishment initiative. The studies examined Home Office and Scottish Executive statistics on convictions, general sentencing patterns, trends in the use of imprisonment in the courts, and other research that was relevant. Limitations of the study are discussed. Notes, references

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