| Popis: |
In recent years, sentencing innovations that permit courts to impose what one may think of as ‘bespoke’ sentences, which have the future-oriented objective of helping the offender stay away from crime, have received renewed attention from scholars and policy-makers alike. Such sentencing options are often of greatest interest when they can reduce reliance on imprisonment. But that is also where concerns regarding fairness between offenders, public acceptability of sentencing outcomes, and limitations on effective guidance come to the fore. Tony Bottoms has regularly engaged with issues raised by probation, suspended sentences and other community-based disposals, most recently in a journal article analysing the role of the concept of ‘punishment’ in non-custodial sentences. This chapter takes up the twin challenges of providing a coherent penal–theoretical conceptualisation of custody-avoiding sentencing options and integrating these options into a comprehensive theory of criminal punishment capable of underpinning constructive sentencing practices. |
