NCJ Number
147563
Journal
International Journal of the Sociology of Law Volume: 21 Issue: 3 Dated: (September 1993) Pages: 265-280
Date Published
1993
Length
16 pages
Annotation
Unlike some of its European counterparts, the English sentencing system for violent offenders suffers from a lack of clarity in the definition of substantive offenses and over-reliance on judicially created sentencing principles.
Abstract
The system is characterized by four main weaknesses: (1) it has no specific sentencing policy for violent offenders based on agreed aims and objectives; (2) it has no rational and clear statement in substantive law of violent offense categories; (3) it contains no useful link between substantive law and sentencing policy; and (4) undue reliance is placed on judicial sentencing policy and subjective assessment. The Scandinavian experience shows that it is possible to attempt the vital link between substantive criminal law and sentencing practice by specifying circumstances in which punishment may be applicable. At the present time, however, English offense categories are not amenable to such a link. A redesigned offense scheme should deal with such factors as degree of harm, degree of violence, and mental attitude of the offender. These factors can be linked directly to specific sentencing guidelines to allow the calculation of offense penal value. Sentencing systems in Sweden, Finland, Italy, Greece, and Germany are examined, and jurisprudential concepts in sentencing are discussed. 44 references and 6 notes