Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-sjtt6 Total loading time: 0 Render date: 2024-06-29T22:59:34.026Z Has data issue: false hasContentIssue false
This chapter is part of a book that is no longer available to purchase from Cambridge Core

6 - Sentencing as a Human Process, Victims, and Restorative Justice

Andreas Kapardis
Affiliation:
University of Cyprus
Get access

Summary

It is a reality in law that the Constitution of the United States protects the right of suspects and defendants but not the right of victims.

(Bartol and Bartol, 2004b:194)

Sentencing cannot be an exact science; indeed, Lady Wootton likened the sentencer to a small boy adding up his sums but with no one to correct his answer.

(His Honour Judge P.K. Cooke, OBE, 1987:57)

Most judges do not read psychology journals or scholarly books; some do not even read law reviews.

(Wrightsman, 1999:viii)

The era of a restorative justice paradigm as a fully-fledged alternative to both rehabilitative and retributive approaches remains very distant.

(Weitenkamp, 2002:326)

INTRODUCTION

Crime and punishment has always been a topic of great interest. The quotes provided reflect some of the controversies surrounding sentencing in contemporary western societies. Judges have been termed ‘the gatekeepers of the legal system’ (Wrightsman, 1999:vii). Since the 1970s the judiciary in western countries has undergone unprecedented expansion in both its size and power. The expanding judicial role is evident in the appointment, training and scrutiny of members of the judiciary (Malleson, 1999). At the same time there has been increasing tension between the requirement of judicial independence and accountability created by the changes that have taken place. The reader should note in this context that, as the experience in the UK since the 1990s shows, the growing politicisation of sentencing policy ‘threatens to marginalize principled and empirically based arguments about sentencing’ (Ashworth, 2007:99).

Type
Chapter
Information
Psychology and Law
A Critical Introduction
, pp. 195 - 228
Publisher: Cambridge University Press
Print publication year: 2009

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×