Criminal Justice in Europe: A Comparative Study

By Phil Fennell; Christopher Harding et al. | Go to book overview

not do away with the need for sentencing discretion, but it creates a much more coherent and principled framework for its exercise.

Whether the Act will be successful in achieving its intended goals is a matter for serious debate and it has divided some of the most expert writers on the sentencing system.70 It is a matter for concern that the government responded so precipitately to criticism of some of the new provisions by amending them, within twelve months, in the Criminal Justice Act 1993. In view of the exhaustive consultation which preceded the 1991 Act, it was surely premature to start tinkering with such a carefully constructed piece of legislation. It remains to be seen how committed sentencers will be to the central philosophy of the 1991 Act.71


CONCLUSION

Although it might be thought at first sight that the impact of Europeanization on the sentencing system of England and Wales has been relatively slight, it would be unwise to dismiss its importance in relation to sentencing policy and practice. The repeated appearance of England and Wales at the top of the European 'league table' for the use of imprisonment, and the unfavourable comparison with European neighbours in terms of prison conditions, have served to add urgency to the need to reform our sentencing system. Even an insular body like the British judiciary can hardly have been unaware of these facts. The British government has been painfully aware of them and, perhaps belatedly, has decided to tackle these problems. Whether the Criminal Justice Act 1991 (as amended by the 1993 Act) will prove the correct or most effective means of doing so remains open to debate.

The international movement in favour of a justice or proportionality approach to sentencing has also been noted. There is a growing intolerance of prolonged incarceration to achieve other penal objectives, such as deterrence or treatment. England and Wales share with other European countries a growing willingness to promote and use community-based alternatives to imprisonment. Thus the impact of Europeanization on national sentencing policy may not be easy to measure in exact terms, but it should not be underestimated. It should not be forgotten, however, that

____________________
70
In a recent article, David Thomas, a leading authority on the sentencing system, concluded that 'urgent action is needed to remedy the deficiencies of the Criminal Justice Act 1991': see Guardian, 30 March 1993. The Criminal Justice Act 1993 came into force during August and September 1993.
71
See A. Ashworth and B. Gibson, 'The Criminal Justice Act 1993: Altering the sentencing Framework', [ 1994] CrimLRev., 101. The authors describe the amendments to the 1991 Act as 'one of the most remarkable volte-faces in the history of penal policy in England and Wales' (see 101).

-338-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Criminal Justice in Europe: A Comparative Study
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 406

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.