Custody or community? Exploring the boundaries of public punitiveness in England and Wales

Determining the factors which make a difference between a custodial sentence and a community penalty is one of the most challenging decisions for sentencers. Little research to date has explored the nature of public reaction to mitigating factors and the circumstances which may justify imposition of...

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Main Authors: Roberts, J, Hough, M
Format: Journal article
Language:English
Published: 2011
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author Roberts, J
Hough, M
author_facet Roberts, J
Hough, M
author_sort Roberts, J
collection OXFORD
description Determining the factors which make a difference between a custodial sentence and a community penalty is one of the most challenging decisions for sentencers. Little research to date has explored the nature of public reaction to mitigating factors and the circumstances which may justify imposition of a community penalty even though the custodial threshold has been crossed. This article reports findings from a representative survey of the British public. Respondents were asked a series of questions designed to explore public reaction to sentencing cases at the custodial threshold. Public opinion polls suggest that the public respond punitively at sentencing, and have little sympathy for mitigating factors relating to the offender. In a series of questions, using experimental manipulations, respondents demonstrated considerable flexibility when sentencing cases near the custodial threshold. Significant support emerged for a wide range of mitigating factors at sentencing. The strength of public support for custody as a sanction was also explored by providing respondents who had imposed a term of imprisonment a possible alternative community penalty. Significant proportions of respondents found the alternative acceptable, even for relatively serious offences. © The Author(s) 2011.
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spelling oxford-uuid:2474eeed-69ee-477f-aa44-fd105bbccd8c2022-03-26T11:50:09ZCustody or community? Exploring the boundaries of public punitiveness in England and WalesJournal articlehttp://purl.org/coar/resource_type/c_dcae04bcuuid:2474eeed-69ee-477f-aa44-fd105bbccd8cEnglishSymplectic Elements at Oxford2011Roberts, JHough, MDetermining the factors which make a difference between a custodial sentence and a community penalty is one of the most challenging decisions for sentencers. Little research to date has explored the nature of public reaction to mitigating factors and the circumstances which may justify imposition of a community penalty even though the custodial threshold has been crossed. This article reports findings from a representative survey of the British public. Respondents were asked a series of questions designed to explore public reaction to sentencing cases at the custodial threshold. Public opinion polls suggest that the public respond punitively at sentencing, and have little sympathy for mitigating factors relating to the offender. In a series of questions, using experimental manipulations, respondents demonstrated considerable flexibility when sentencing cases near the custodial threshold. Significant support emerged for a wide range of mitigating factors at sentencing. The strength of public support for custody as a sanction was also explored by providing respondents who had imposed a term of imprisonment a possible alternative community penalty. Significant proportions of respondents found the alternative acceptable, even for relatively serious offences. © The Author(s) 2011.
spellingShingle Roberts, J
Hough, M
Custody or community? Exploring the boundaries of public punitiveness in England and Wales
title Custody or community? Exploring the boundaries of public punitiveness in England and Wales
title_full Custody or community? Exploring the boundaries of public punitiveness in England and Wales
title_fullStr Custody or community? Exploring the boundaries of public punitiveness in England and Wales
title_full_unstemmed Custody or community? Exploring the boundaries of public punitiveness in England and Wales
title_short Custody or community? Exploring the boundaries of public punitiveness in England and Wales
title_sort custody or community exploring the boundaries of public punitiveness in england and wales
work_keys_str_mv AT robertsj custodyorcommunityexploringtheboundariesofpublicpunitivenessinenglandandwales
AT houghm custodyorcommunityexploringtheboundariesofpublicpunitivenessinenglandandwales