skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 63114 Find in a Library
Title: CONTRIBUTION OF THE JUDICIARY TO PENAL POLICY-MAKING (FOM PENAL POLICY-MAKING IN ENGLAND, 1977, BY NIGEL WALKER AND HENRI GILLER - SEE NCJ-63107)
Author(s): J E H WILLIAMS
Corporate Author: University of Cambridge
United Kingdom
Date Published: 1977
Page Count: 13
Sponsoring Agency: University of Cambridge
Cambridge, CB3 9DT, England
Format: Document
Language: English
Country: United Kingdom
Annotation: THIS BRITISH ARTICLE DISCUSSES THE CONTRIBUTION THE JUDICIARY HAS MADE TO PENAL POLICYMAKING.
Abstract: HISTORICALLY, THE JUDICIARY HAS MORE OFTEN BEEN A CONSERVATIVE FORCE RATHER THAN A PROGRESSIVE INFLUENCE IN PENAL POLICYMAKING. IN RECENT YEARS, JUDGES HAVE SHOWN MORE WILLINGNESS TO DESCEND INTO THE ARENA AND THERE IS NOW A PLETHORA OF JUDICIAL STATEMENTS ABOUT PENAL POLICY. ONE CHANGE WHICH HAS CONTRIBUTED TO THIS INCREASED WILLINGNESS OF JUDGES TO TAKE PART IN PUBLIC DEBATE HAS BEEN THEIR MUCH GREATER INVOLVEMENT IN NONJUDICIAL CONSULTATIVE ROLE AS MEMBERS OF ADVISORY COUNCILS, THE PAROLE BOARD, OR THE LAW COMMISSIONS. JUDGES HAVE ALSO MADE A SIGNIFICANT CONTRIBUTION TO THE ENFORCEMENT OF MODERN STATUTORY PROHIBITIONS BY DEVELOPING THE DOCTRINE OF STRICT LIABILITY. POLICY DECISIONS MADE BY JUDGES IN DECIDED CASES, MOSTLY ON APPEAL, HAVE ALSO HAD A PROFOUND INFLUENCE ON PENAL POLICY. ONE SIGNIFICANT CONTRIBUTION MADE RECENTLY BY THE JUDGES HAS BEEN THE DEVELOPMENT OF THE THEORY ON THE USE OF IMPRISONMENT. THE COURT OF APPEALS HAS ALSO CONTRIBUTED TO SENTENCING POLICY IN RESPECT TO PERSISTENT OFFENDERS, MENTALLY DISORDERED OFFENDERS, LIFE PRISONERS, BORSTAL TRAINING, AND LONG SENTENCES OF IMPRISONMENT. INDIVIDUAL JUDGES HAVE ALSO VOICED OPINIONS ON PENAL POLICY IN SPEECHES AND ADDRESSES. THE MODERN JUDGE HAS MANY MORE ACTIVE PUBLIC ROLES AND IS FAR MORE INVOLVED THAN HIS PREDECESSORS OF THE LAST CENTURY; JUDGES' INTEREST AND INFLUENCE ON PENAL POLICY HAVE INCREASED. NOTES AND A DISCUSSION ARE APPENDED. (MJW)
Index Term(s): Automated Law Enforcement Reporting Technology; England; Judges; Jurisdiction; Penology
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=63114

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.