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NCJ Number: 68125 Find in a Library
Title: DEALING WITH VIOLENT OFFENDERS - THE COURTS (2)
Journal: SASD BULLETIN  Issue:6  Dated:(FEBRUARY 1980)  Pages:40-49
Author(s): COWIE
Date Published: 1980
Page Count: 10
Format: Article
Language: English
Country: United Kingdom
Annotation: THIS SPEECH CONTAINS THE OPINIONS OF A HIGH COURT JUDGE ABOUT THE OBJECTIVES OF THE SENTENCING PROCESS, THE SHORTCOMING OF THE PRESENT SYSTEM, AND THE RESPONSIBILITIES OF THE JUDGE.
Abstract: THE TERM 'VIOLENT OFFENDER' RAISES A QUESTION OF DEFINITION. ONCE THE OFFENDER IS SO CATEGORIZED AS VIOLENT, THE CHOICE OPEN TO A JUDGE IS NARROWED BECAUSE THE PENAL SYSTEM IS CONCEIVED BY THE LEGISLATURE AND IS GIVEN ITS BASIC CHARACTERISTICS BY POLITICIANS. THE JUDGE GIVES THE SYSTEM PRACTICAL REALITY; THE PRISON STRIVE TO GIVE IT RATIONALITY. THE IDEAL PENAL SYSTEM HAS AS ITS OBJECTIVE SOMETHING BETWEEN THE TWO IDEAS OF REHABILITATION AND PUNISHMENT. THE ULTIMATE GOAL HOWEVER, IS THE REDUCTION OF CRIME. THE SENTENCING PROCESS MUST NOT CONCENTRATE ON THE INDIVIDUAL CRIMINAL TO THE DETRIMENT OF THE VICTIM AND OF SOCIETY IN GENERAL. THE JUDGE, HAVING A REDUCTIVIST OBJECTIVE IN SENTENCING, MUST BE CONSISTENT IN IMPOSING SENTENCES. HE MUST EXERCISE CARE (I.E., BE SURE OF FACTS AND GIVE DUE WEIGHT TO THEM). ABOVE ALL, THE JUDGE MUST EXERCISE COMMON SENSE. THE JUDGE WHO FOLLOWS THESE TENETS WILL BE AN EFFECTIVE INSTRUMENT FOR REDUCING OF VIOLENT CRIME. (MFE)
Index Term(s): Judges; Judicial discretion; Scotland; Sentencing disparity; Sentencing guidelines; Sentencing/Sanctions; Violent offenders
Note: PAPER PRESENTED AAT THE ANNUAL CONFERENCE OF THE SCOTTISH ASSOCIATION FOR THE STUDY OF DELINQUENCY, NOVEMBER 9-11, 1979, AT PEEBLES (SCOTLAND)
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=68125

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