Easton & Piper: Sentencing and Punishment 2e 
DevelopmentsEaston & Piper: Sentencing and Punishment 2e
Chapter 1
International comparisons
Cavadino, P. and Dignan, J. (2006) Penal Systems: A Comparative Approach, London, Sage. [Chapter 4 of this comparative study discusses recent changes in penal policy in England and Wales.]
Davis, M., Takal, J-P and Tyrer, J. (2004) 'Sentencing Burglars and Explaining the Differences between Jurisdictions' Br J Criminol Vol 44, 741-758 [This discusses empirical research which suggests that more severe sentencing occurs in England and Wales than in Finland.]
Jones, T. and Newburn, T. (2006) 'Three Strikes and You're Out: exploring symbol and substance in American and British crime control politics', Brit Jnl Crim Vol 46, 781-802. [This article offers a comparative discussion of criminal justice and sentencing policy in the UK and the US, considering the different political contexts.]
Tonry, M. (ed) (2007) Crime, Punishment and Politics in Comparative Perspective, Chicago, University of Chicago Press, includes discussion of penal policies in Japan, France, Canada, Belgium, and the Netherlands.
Pratt, J. (2008) Scandinavian Exceptionalism in an Era of Penal Excess, Part II: Does Scandinavian Exceptionalism Have a Future? British Journal of Criminology 48(3), 275-292.
In this article Pratt argues that Finland, Norway and Sweden have all experienced declines in earlier levels of social solidarity, security and homogeneity such that the continuance of their low levels of imprisonment and humane prison conditions is in doubt. Sweden is seen to be most at risk, the other two less so. The paper goes on to discuss the broader political and sociological implications of Scandinavian exceptionalism in the contemporary era of penal excess.
Public opinion
K. Haines and A. Case (2007) 'Individual differences in public opinion about youth crime and justice in Swansea', Howard Journal of Criminal Justice 46:4, 338-55. [This article examines attitudes towards youth crime and sentencing from a sample of 496 people in Swansea.]
Hutton, N.(2005) 'Beyond popular punitiveness? Punishment and Society Vol 7(3) 243-258.
Roberts, J. and Hough, M. (2005) 'Sentencing Young Offenders: Public opinion in England and Wales' Criminal Justice Vol 5(3) 212-232.
Roberts, J.V. and Hough, M. (2005) Understanding Public Attitudes to Criminal Justice. Milton Keynes, Open University Press
The Sentencing Council (Victoria, Australia) More Myths and Misconceptions, available at www.sentencingcouncil.vic.gov.au
This is an update to the July 2006 research paper, Myths and Misconceptions: Public Opinion versus Public Judgment about Sentencing which examined Australian and international research on public attitudes towards sentencing. One of the key findings was that when asked a simple abstract question, people believe that sentences are too lenient but when given more information about the crime or about the offender, people’s levels of punitiveness drop dramatically. The update reports on the following key research findings:- People have little confidence in the courts and, in the abstract, believe sentences are too lenient.
- People have little accurate knowledge of crime and the criminal justice system. The mass media is the primary source of information on crime and justice issues.
- When given more information, people become less punitive. People are willing to accept alternatives to imprisonment. Victims of crime are no more punitive than others. People who fear crime are more likely to be punitive.
Policy documents and critique
Auld, L.J. (2001) Review of the Criminal Courts of England and Wales. London, The Stationery Office.
Brownlee, I. (1998) 'New Labour - New Penology? Punitive Rhetoric and the Limits of Managerialism in Criminal Justice Policy', Jnl. Law & Society Vol 25(3) 313-35.
Emsley, C. (ed.) (2005) The persistent prison - problems, images and alternatives. Francis Boutle, London. [This collection focuses on the difficulties in moving the use of imprisonment from its current importance in penal policy. For a review see C. Leon in Punishment and Society (2006) Vol 8(2).]
Halliday Report (2001) Making Punishments Work: Review of the Sentencing Framework for England and Wales. London,Home Office.
Home Office (2006) Rebalancing the Criminal Justice System in favour of the law abiding majority Home Office: London.
Home Office (2006) Making Sentencing Clearer, London Home Office.
HM Inspector of Probation(2006) An Independent Review of a Serious Further Offence Case: Anthony Rice , London, Home Office 2006.
Liberty (February 2006) Renewing the Prevention of Terrorism Act 2005: submission to the Joint Committee on Human Rights, London, Liberty
Liberty (June 2007) Briefing on the Criminal Justice and Immigration Bill, London, Liberty
Nicholas, S., Kershaw, C. and Walker, A. (July 2007) Crime in England and Wales 2006/07, London, Home Office Statistical Bulletin, 11/07.
Wasik, M. (2004) 'Going Round in Circles? Reflecting on fifty years of change in sentencing' Crim.L.R. 253-265
The influence of theory on penal law and practice
Bowles, R, Faure, M, Garoupa, N. (2008) ‘The Scope of Criminal Law and Criminal Sanctions: An Economic View and Policy Implications’ Journal of Law and Society Vol 35(3) 389-416.
This article examines the reasons why some harm-generating activities are controlled by criminal law and criminal sanctions and others not. It argues that the current trend to transfer the use of sanctions from one area of law to other is more explicable in economic terms.Cheliotis L. K. (2006) 'How iron is the iron cage of new penology? The role of human agency in the implementation of criminal justice policy?' Punishment and Society, Vol 8(3) 313-340. [This paper considers the usefulness and limitations of the notion of the'new penology' in explaining changes in criminal justice policy.]
de Koster, W., van der Waal, J., Achterberg, P. and Houtman, D. (2008) 'The Rise of the Penal State: Neo-Liberalization or New Political Culture?' Br J Criminol Vol 48: 720-734.
[This article argues that some countries have been witnessing a trend of penalization, but that there is no overall trend, that economic explanations for variations in imprisonment rates prove to be untenable, and that a new-rightist demand for social order, which is not found to be inspired by economic neo-liberalization, provides a better explanation. It concludes that high incarceration rates can be understood as being part of a right-authoritarian politico-cultural complex.]
Prison: policies and critique
Burca G and de Witte B (eds) (2005) Social Rights in Europe, Oxford, Oxford University Press.
Da Silva, N. et al (2007) Prison Population Projections 2007-2014, England and Wales, London, Ministry of Justice.
Easton, S.(2008) 'Constructing citizenship: Making Room for Prisoners' Rights', Vol 30(2) Journal of Social Welfare and Family Law,' pp 127-46.
Etzioni, A. (1993) The Spirit of Community: Rights, Responsibilities and the Communitarian Agenda, New York, Crown Publishers.
HM Inspectorate of Prisons (December, 2005) Recalled Prisoners, London
HM Prison Service (2007) Annual Report and Accounts April 2006 - March 2007, London HMSO
HM Prison Service (2007) Corporate Plan 2007-2008 to 2011-2012, Business Plan 2007-2008, London HM Prison Service
International Centre for Prison Studies (2007) Kings College London, World Prison Brief
Sentencing law, policy and practice
Ashworth, A. (2005)Sentencing and Criminal Justice (4th Ed.) Cambridge, Cambridge University Press
CJS (2007) Bringing Offenders to Justice: Criminal Justices Penalties and Sentencing (London: Home Office). See: http://www.cjsonline.gov.uk/the_cjs/whats_new/news-3492.html
Dingwall, G. (2008) 'Deserting Desert? Locating the Present Role of Retributivism in the Sentencing of Adult Offenders' Howard Journal Vol 47(4) (September) pp 400-410
[At pp 23-24 of the book we discuss the influence of ‘just deserts’ on sentencing policy since 1991. In this recent paper Gavin Dingwall argues that notions of desert remain very important and may be found in the 2003 Criminal Justice Act and the guidance from the Sentencing Guidelines Council (SGC). This suggests that desert remains a key element of the sentencing of adult offenders.]Home Office (2007) Sentencing Statistics 2005, Home Office Statistical Bulletin, London, Home Office.
Home Office (2006) Making Sentencing Clearer, London Home Office.
Jansson, K., Budd, S., Lovbakke, J., Moley, S. and Thorpe, K. (2007) Attitudes, perceptions and risks of crime: Supplementary Volume 1 to Crime in England and Wales 2006/07, Home Office Statistical Bulletin 19/07 (London: Home Office). [This report summarizes people's experiences and perceptions of crime, the police and the criminal justice system. Chapter 2 concentrates on the experiences of black and minority ethnic groups and Chapter 3 on religious groups, whilst Chapter 4 focuses on the relationship of these findings with lifestyle and socio-demographic factors and Chapter 5 discusses multiple and repeat victimization.]
Sex offenders
The following papers may be useful particularly when answering the end-of-chapter questions:
Cobley, C. (1997) 'Keeping track of sex offenders - Part I of the Sex Offenders Act 1997', MLR 60-69. [This article gives the background to the registration scheme for sex offenders in the 1997 Act.]
Knock, K. (2002)'The police perspective on Sex Offender Orders: a preliminary review of policy and practice', Police Research Series Paper 155, London, Home Office.
McAlinden, A-M (2007) The Shaming of Sex Offenders: risk, retribution and reintegration, Oxford, Hart.
Easton, S. (2001)'Punishing Sex Offenders: discrimination or justifiable treatment', International Journal of Discrimination and the Law Vol 5(1) 71-97. [This article considers the issue of whether sex offenders have been unfairly selected for special treatment.]
Shute, S. (2004)'The Sexual Offences Act 2003 (4) New Civil Preventative Orders: Sexual Offences Prevention Orders, Foreign Travel Orders, Risk of Sexual Harm Orders' Crim.L.R. 419. [This article explains the provisions in the 2003 Act and considers the issues the new measures are likely to raise in the future.]
Thomas, D. (2006)'Sexual Offences Prevention Orders: grounds for making an Order', Crim LR 364-67.
Thomas, D. (2006)'The Sex Offenders Act 1997: notification requirements' Crim LR 553-38.
Wood, J. and Kemshall, H. (2007) The operation and experience of Multi-Agency Public Protection Arrangements, Home Office Findings 285, London, Home Office
Statistics
HM Prison Service (2007) Annual Report and Accounts April 2006 - March 2007, London, HMSO.
Nicholas, S., Kershaw, C. and Walker, A. (July 2007) Crime in England and Wales 2006/07, London, Home Office Statistical Bulletin, 11/07.
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