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Public Opinion and Sentencing Policy (From Reform and Punishment: The Future of Sentencing, P 18-39, 2002, Sue Rex and Michael Tonry, eds. -- See NCJ-197122)

NCJ Number
197124
Author(s)
Julian V. Roberts
Date Published
2002
Length
22 pages
Annotation
This chapter describes the current state of public opinion in relation to sentencing and draws some conclusions about the effectiveness of employing statutory reforms to increase public confidence in courts.
Abstract
From country to country, there is a clear connection between community sentiment and sentencing policy. However, from country to country, the nature and strength of this relationship varies. Drawing on research from many common law jurisdictions, this chapter reviews the limited evidence pertaining to the relationship between sentencing practices and public opinion, looking specifically at judges and if they are affected by community views. Findings from the international literature on public knowledge and opinion regarding sentencing are summarized and a review is conducted on the specific statutory reform proposals of the Home Office Sentencing Framework Review or Halliday Report (2001). Regarding the report, two questions are posed and addressed: (1) is the assumption that sentencing reforms can affect public opinion justified and (2) if this assumption is correct, will the specific reforms laid out in the report actually increase public faith in the sentencing process? Both questions are responded to in the negative. The conclusion of this chapter briefly discusses specific strategies in responding to the long-standing crisis in public confidence in sentencing, such as sentencing guidelines, truth in sentencing, and educating policy-makers and criminal justice professionals. References