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How should we understand sentencing decision-making? Despite huge efforts world-wide to critique, measure, and reform sentencing, why does it remain an enigma?This book argues that sentencing is an enigma because academic and policy thinking about sentencing is dominated by a set of taken-for-granted assumptions rooted in a paradigm which presumes autonomous individualism.Sentencing as a Social Process proposes a distinctive approach. Understanding sentencing as a socially-generated process allows us to rethink seemingly obvious binary categories, including: rules versus discretion; aggravating versus mitigating factors; and offence versus offender. Tata unearths the implications for classic policy conundrums, including: judicial independence and accountability; consistency and individualisation; the efficiency and quality of justice; and technology and judging.Scholars and students across a range of disciplines including criminology, criminal justice, socio-legal studies, decision-making and law will find this book stimulating and provocative.
This text aims to develop two strands of contemporary interest in sentencing: the emergence of a fledgling sociology of sentencing; and the construction of a comparative, cross-national and international literature on sentencing, sanctions and penal policy.
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