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Sentence Discounts and the Criminal Process

Ralph J. HenhamProfessor of Criminal Justice, Nottingham Law School, Nottingham Trent University

ISBN13: 9780754620181
ISBN: 0754620182
Published: June 2002
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: Out of print



This volume presents the results of an empirical investigation into the operation of sentence discounts for guilty pleas in the Crown Court. It focuses primarily on the nature of judicial compliance with the S48 Criminal Justice and Public Order Act 1994 and those variables in sentence decision making which impact on this process. It also examines the relative use made of sentence discounts and the nature and relevance of court of appeal guidance. In doing so, it raises important theoretical issues relating to sentencing research and addresses the implications for sentencing policy and practice. With empirical research on the operation of the sentencing process being comparatively rare, the book should make an important contribution to the existing literature.

Subjects:
Criminal Law
Contents:
Part 1 The Crown Court: background; theoretical context; methodology - research aims, research methods; results - judicial compliance with S48, structural factors and sentence discounts, penal decisions and sentence discounts, offence-related factros and sentence discounts, offender-related factors and sentence discounts, differences in practice between Centres, Court of Appeal guidance and sentence discounts; conclusions and implications.
Part 2 The Magistrates' Court: introduction; background; methodology - research aims, research methods; results - magistrates' compliance with S48, penal decisions and sentence discounts, structural factos and sentence discounts; conclusion.
Part 3 A comparative analysis - the United States: introduction; ""plea bargaining"" - a matter of terminology; sentence discounts in the United States - the federal sentencing guidelines, state sentencing systems; conclusion and implications.