What the discourse of individualised sentencing describes as “unique” events in the world comprised of a singular set of facts and circumstances are translated into more or less routine criminal offences defined by particular pieces of evidence. Judges have no unmediated access to “what really happened”. All they have is the information which has been presented to them in the documentation ( and to what was said in court 6 ). An offender will usually appear in court and may in some circumstances give evidence or make a personal statement but more commonly most of the information about the offender will come from reports contained in the case file (van Oorschot, 2014). These professional practices generate an element of consistency in sentencing . Most regular court practitioners will have a sense of “the going rate” for typical offences although this is always tacit and impossible to measure (as in non- guideline jurisdictions at least, there is no benchmark against which to distinguish warranted from unwarranted disparity).
The authors use the terms ‘prisoners’ and ‘prisons’ in a broad sense. The word ‘prisoners’ is used to refer to individuals who have been placed in custody by a competent judicial or legal authority having been convicted of one (or more) offence(s) and sentenced to custody or, alternatively, where a criminal case against them is being pursued but they have not yet been tried and convicted or definitively sentenced. It should be noted that this generic definition of ‘prisoners’ differs from the practice in some jurisdictions in which the word usually translated as ‘prisoner’ is used to refer only to those in custody after sentencing, while another word such as ‘detainee’ denotes those being held pre-trial and/or pre-sentence. In the present context our use of the terms ‘detainee’ and ‘detention’ similarly refer to custodial deprivation of liberty in this criminal justice context, whatever stage the proceedings have reached.
sentencing is, arguably, problematic. First, there is the matter of principle. Proportionality – or what is often termed the just deserts approach - has long been established as the guiding principle of sentencing policy and practice in England and Wales. Section 142 of the Criminal Justice Act 2003 sets out the range of purposes that sentencers should consider in passing sentence, but the Sentencing Guidelines Council (2004) specified that proportionality should be the organising principle. This places fairness at the heart of sentencing decisions, in the sense that ‘the penal sanction should fairly reflect the degree of reprehensibleness (that is, the harmfulness and culpability) of the actor’s conduct’ (von Hirsch and Ashworth, 2005: 4). A general commitment to the principle of proportionate sentencing does not, of course, rule out the possibility that in extreme cases it can be overridden, such as where there is a need for public protection. But in the view of many, including the large majority of the lawyers we interviewed for this study, and some of our other respondents, the IPP sentence makes it much too easy for proportionality to be trumped by public protection concerns.
implications for the mother, such as parenting issues, when she is released (Gelsthorpe et al, 2007). Furthermore, if the child does change living arrangements, this may also affect other personal and family relationships as well as relationships with key local professionals. Mothers may also experience housing difficulties when they leave prison. Some women may lose their homes as a result of imprisonment. One particular dilemma may be a ‘catch-22’ situation in which the mother cannot get accommodation unless her children are living with her, but she cannot have her children returned to her without accommodation (Corston, 2007). For the children this can extend the period of uncertainty and confusion.
Statement of NAACP Milwaukee Branch Concerning Murders and Violent Crime, May 27, 2014 “. . . . We abhor the murders and other violence that has plagued our community. The recent shooting of 10-year-old Sierra Guyton highlights the insanity of it all. Obviously, this criminal conduct is unacceptable and cannot be condoned or tolerated. We must work with law enforcement and community stakeholders to contain and reduce crime but, beyond that, each of us as individuals, and collectively as a community must be responsible and accountable to each other.
Although it is well established that offenders who are detained prior to sentence plead guilty at a greater rate and consequently receive discounted sentences, sentencing discounts afforded to African American offenders who choose to plead guilty are less than the discounts given to white offenders who plead guilty (Sutton, 2013). Consequently, African Americans are offered and accept guilty pleas less often than their white counterparts thus leading to longer sentences (Sutton, 2013). In a random sample of ten percent of the males committed to Kentucky state prisons during 1980, Crew (1991) establishes that pleading guilty appears to benefit white offenders, but not African American offenders. Detained individuals are far less capable of defending themselves, thus potentially exposing a racial component in the ability to bargain effectively for reduced or dismissed charges (Crew, 1991).
(LI) module based on N-gram algorithm  together with the development of N-gram teacher data from many languages. Some other activities are language database development, character database development, language-relation analysis through linkage structure (dialect family or mutually communicable languages between pages) and many more. We believe that none of these needs will be covered effectively by any web search engines, and therefore we need to develop our own tools to extend the senses for language plurality in cyberspace.
Simon: But she’s gorgeous, absolutely gorgeous you know what I mean. (Simon, 30, life sentence) The importance of these embodied physical displays was also highlighted by fam- ily members visiting the prison and were particularly missed by those who were cur- rently restricted to ‘closed’ visits as Brooke, who was visiting her partner being held on remand, explains; ‘open visits would be much better because at least you get a cuddle and ken it cheers you up’. The emphasis placed on physical affection by participants should not be surprising as one of the vehicles for doing family practices is with our bodies (e.g. holding hands) and even when these practices or displays are not physi- cal, we inhabit our bodies while we do them (e.g. physically entering the prison for a visit with all the accompanying sounds, smells and searches). Further, we feel physi- cal, embodied responses to the words, actions and communication from others (Gabb 2008). Therefore, the everyday nature of embodied physical actions must not, Morgan has argued, lead us to discount them as ‘a modish addition to spice up what might oth- erwise seem routine accounts’ (Morgan 2011: 92). Rather, we must recognize embodied exchanges of affection as central to family practices and displays.
Risk in Sentencing Constitutionally Suspect Variables and Evidence Based Sentencing SMU Law Review Volume 64 | Issue 4 Article 9 2011 Risk in Sentencing Constitutionally Suspect Variables and Evidence[.]
We have a state of the art in-house laboratory within our offices which is accessible by our network engineers on a 24 hour basis. The lab is used to simulate customer networks as well as trouble shoot networks before installing at customer sites. We have a number of strategic relationships
both of these strategies, and each one creates its own kind of feedback loop. With the reason-giving strategy, if judges depart from the guidelines they should be required to provide their own reasons for disagreement. These reasons can then be considered by the sentencing commission in updating the guidelines, hopefully with a view towards making them more persuasive to judges. With the norm-enforcement strategy, the commission should update the guidelines to reflect judicial practice. There are two aspects to such updating. First, as judges depart from the guidelines and provide justifications for such departures, the guidelines formula should be updated so as to reflect judges’ decisions in a wider variety of factual circumstances. For instance, if judges tend to depart upward when the defendant uses a certain kind of weapon in committing a crime, the guidelines can be amended to reflect this sentencing practice. Second, if judges’ sentencing patterns change over time (or if the initial guidelines were an inaccurate reflection of existing sentences), the guidelines should be updated as more information is made available through additional sentencing decisions. Crucially, both strategies are geared towards convincing judges. Judges have the ultimate authority to set sentencing policy, while the commission merely helps them coordinate with each other and provides policy suggestions.
Sentencing and Post Trial SMU Law Review Volume 32 Issue 1 Annual Survey of Texas Law Article 19 1978 Sentencing and Post Trial Vincent W Perini Follow this and additional works at https //scholar smu[.]
Finally, by taking Wales seriously as a unit of criminological analysis, this report further contributes to ongoing and future debates on criminal justice in Wales. This includes the House of Commons Welsh Affairs Committee’s latest inquiry into prison provision in Wales as well as debates that have emerged following the publication of our original report in June. 11
Diaz-Cotto’s (1996; 2006) research on Latino/a prisoners found that social relations between prisoners shape by a sense of ‘common fate’ amongst prisoners with the same ethnic or linguistic identity. Throughout her research at Green Haven, Diaz- Cotto (1996, p.131) described the existence of “cliques” and informal societies between Latino prisoners. These networks’ had been formed to offer minority prisoners’ physical protection as well as emotional, financial and social support. Within a more recent study into the experiences of Chicana prisoners, Diaz-Cotto (2006, p.227) recalled the ways in which prisoners “set aside most differences” to form networks when held in prisons dominated by other racial and ethnic groups, including White and African-American prisoners. The research showed that cliques were formed to help prisoners “cope” and “survive” within an environment considered “destructive” and potentially “stifling” for prisoners (Diaz-Cotto, 2006, p.227). Diaz-Cotto (2006) explained that this often included threats posed by the wider prison population to the “distinct” language and cultural identity of Chicana prisoners (Diaz-Cotto, 2006, p.227-8).
Our study revealed novel diversity within ST313, which was previously restricted to two African lineages that had exhibited recent clonal expansion . Here we place the African lineages into an evolutionary context by showing that lineages 1 and 2 do not form a mono- phyletic group within ST313, which is suggestive of two separate introductions of ST313 into sSA. African lineages 1 and 2 diverged from their inferred MRCA with UK lineages around 1796 and 1903, respectively. These findings reflect the limitations of classifying bac- terial pathogens simply on the basis of sequence type and show that in the post-genomic era, the resolution offered by MLST may not be sufficient to describe epi- demiologically relevant population structures.
In the first major review of this important area of public policy, the US National Academy of Sciences Panel on Research on Deterrent and Incapacitative Effects (see Blumstein et al., 1978) reported that the research offered widely divergent estimates of the incapacitative effect of imprisonment (MacKenzie, 1998). The panel concluded that the primary disagreement was over the value of the individual crime rates that were used to estimate the effectiveness of incapacitative policies. That is, models of the crime reduction effectiveness of imprisonment required estimates of how frequently individuals commit crimes when they are free. There were no generally accepted estimates of these rates nor did researchers know how long criminals continued to commit crimes (i.e. the length of the average “criminal career”) (see Laub and Sampson, 2001). In general, reviews of these “collective” incapacitation strategies demonstrated a modest reduction in crime combined with substantial increases in prison populations (see Von Hirsh et al., 1999, for a concise and authoritative review of recent research).
The data used to calculate the custody rates in Wales and England were gathered from the Ministry of Justice’s Court Outcomes by Police Force Area data tool (Pivot Table): December 2017. According to the notes accompanying the data tool, all statistics on sentencing included in the pivot table are either derived from the LIBRA case management system, which holds the magistrates’ courts records, or the Crown Court’s CREST system which holds the trial and sentencing data. The data includes offences where there has been no police involvement, such as those prosecutions instigated by government departments, private organisations and individuals. Ministry of Justice updates may lead to some variation between the data published in the Court Outcomes by Police Force Area in 2017 and 2018. In the update for December 2018, for example, the total number of immediate custodial sentences in Wales increased to 6,292 from the number (6,285) reported in the Court Outcomes by Police Force Area: December 2017.