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CRIMINAL JUSTICE

CRIMINAL JUSTICE-CRIMINAL LAW-PROCDEDURE-SENTENCING-COURTS

Posts in social sciences
Sentencing in the Netherlands. Taking risk-related offender characteristics into account

By Sigrid Geralde Clara van Wingerden.

The sentencing decision of the judge might be the most important decision in the criminal proceedings, not only because of the impact the punishment has on the offender, but also because the sentencing decision is a cornerstone of the legitimacy of the entire criminal justice system. Nonetheless, there still are questions about the factors judges take into account when making their sentencing decision. This study aims to improve our understanding of the sentencing decisions judges make.The developments in criminal justice practices as regards the emergence of ‘actuarial justice' have directed the focus of this study to risk-based sentencing: are offenders with a high risk of reoffending more likely to be sentenced to imprisonment and to longer prison terms than low-risk offenders? To what extent do judges take information into account on the risk-related personal characteristics of the offender, such as unemployment, ties to family or friends, or drug usage, when making their sentencing decision?Using uniquely detailed data on risk-related social circumstances of the offender, and advanced quantitative and qualitative research methods, this study provides in-depth insight into sentencing.

Leiden: Leiden University, 2014. 215p.

In Jail with Charles Dickens

By Alfred Trumble, editor of “the collector”.

“…Charles Dickens had a deep and abiding interest in that grim accessory to civilization, the prison. He not only went jail hunting whenever opportunity offered, but made a profound study of the rules, practices and abuses of these institutions. Penology was, in fact, one of his hobbies…These papers, therefore, consist of personal knowledge, as a voluntary visitor, be it understood, of Newgate.”

Harrow and Heston Classic Reprint. London Suckling & Galloway (1896) 107 pages.

Italian Penal Code

By Enrico Ferri. Translated by Edgar Betts.

Report and Preliminary Project for an Italian Penal Code, In both Italian and a rare English translation by Edgar Betts. This “model penal code” as it would be called today, though never adopted by Italy, formed the basis for many penal codes in communist and socialist countries around the world, in particular Cuba. The concepts of criminal intent and criminal responsibility remained (and still do) the devilishly sticky point for this and all criminal codes, especially when faced with the criticisms by social scientists that economic deprivation among many other factors may constitute powerful external “causes” of crime, thus muddying the waters considerably concerning individuals’ responsibility for their criminal acts.

Royal Commission for the Reform of the Penal Statutes. Italy. ca. 1920. 180p.

Identifying the Culprit: Assessing Eyewitness Identification

National Research Council.

Identifying the Culprit: Assessing Eyewitness Identification makes the case that better data collection and research on eyewitness identification, new law enforcement training protocols, standardized procedures for administering line-ups, and improvements in the handling of eyewitness identification in court can increase the chances that accurate identifications are made. This report explains the science that has emerged during the past 30 years on eyewitness identifications and identifies best practices in eyewitness procedures for the law enforcement community and in the presentation of eyewitness evidence in the courtroom. In order to continue the advancement of eyewitness identification research, the report recommends a focused research agenda.

Washington, DC: The National Academies Press. 2014. 170p,