Easton & Piper: Sentencing and Punishment 2e
Chapter 7
International comparisons
Cavadino, M. and DIgnan, J. (2005) Penal systems: a comparative approach London: Sage.
Dyson, S. and Boswell, G. (2006) 'Sickle Cell Anaemia and deaths in Custody in the UK and USA' Howard Journal Vol 45(1) 14-28 [This article gives information about the medical context for R v Green (1992) 13 Cr App R (S) 613: see 2nd ed p.218.]
Einat, T. (2004) 'Criminal Fine Enforcement in Israel' Punishment and Society Vol 6(2) 175-194. [This article reviews and evaluates empirical research on the Israeli enforcement system introduced in 1995 and also briefly reviews research in Europe and the USA.]
Financial penalties
Brownlee, I. (1998) Community Punishment. London, Longman. [See the chapter on financial penalties for a very detailed review and commentary.]
Carter, P. (2003) Managing Offenders, Reducing Crime: A New Approach. (The Carter Report). London, Stationery Office. [See p.27 et seq for proposals for greater use of fines and for the introduction of 'day' fines.]
Home Office (2004)Reducing Crime - Changing Lives, London, The Stationery Office, Appendix paras 33-35: for the Government's response to the Carter report proposals.
-
Morgan, R. (Aug 2008) Summary Justice: Fast - but Fair? London: Centre for Crime and Justice Studies, Kings College. [Available at www.crimeandjustice.org.uk/opus784/Summary-justice.pdf]
[This report raises concerns that the trend towards pre-court summary justice for a range of offences may not be being used `fairly and effectively'. It says that the use of summary sanctions, by the police and prosecutors, remains outside of the official inspection regime, warning that there is ‘an accountability deficit' and calls for a 'thoroughgoing' review of the use and impact of summary powers. For further on fixed penalties and on the spot fines see the book at p.228 and also comment at p. 451.] Raine, J., Dunstan, E. and Mackie, A. (2004) 'Financial Penalties: Who Pays, Who Doesn't and Why Not?' Howard Journal Vol 43(5) 518-538. [This article analyses research for the Home Office 2000-2002 about non-payment and fine default.]
Impact as a sentencing factor
Easton, S. (2008) 'Dangerous Waters: Taking Account of Impact in sentencing' Crim LR. 105-120.
-
HM Chief Inspector of Prisons (2008) Older Prisoners in England and Wales: a follow-up to the 2004 thematic review, London:HMIP
Jacobson, J. and Hough, M. (2007) Mitigation: the role of personal factors in sentencing, London, Prison Reform Trust. [For the authors' summary of their key findings see pp. 209-210 of the book.]
Light, R. and Bryony Campbell (2006) 'Prisoners' Families: Still Forgotten Victims?' J. of Social Welfare and Family Law Vol 28 (3-4) 297-308. [This article reviews the issues relating to what the authors call the 'forgotten victims' - the children and partners of those in custody. The article then examines recent initiatives and suggests that more data on the problems needs to be gathered and inter-agency responses set up.]
Piper, C. (2007) 'Safeguarding and Sentencing' Family Law Vol 37 pp 336-9.
Piper, C. (2007) 'Should impact constitute mitigation?: structured discretion versus mercy' Criminal Law Review pp 141-155.
Mentally disordered offenders: policy and research
Bui, H.S. (2004) 'Criminal Justice and Mental Health' Probation Journal Vol 51(3) 260-261. [Reviews the main conclusions of the report Snakes and Ladders: Mental Health and Criminal Justice.]
Centre for Reviews and Dissemination (1999) Systematic Review of The International Literature On The Epidemiology Of Mentally Disordered Offenders, CRD Report 15, York, York University. [Summarises the findings of the systematic review of the literature by a team at Reading University. Available at: http://www.york.ac.uk/inst/crd/projects/epidemiology_offenders.htm]
Cummins, I. (2006) 'A Path Not Taken? Mentally Disordered Offenders and the Criminal Justice System' J. of Social Welfare and Family Law Vol 28 (3-4) 267-281. [This article examines the reasons why mentally disordered offenders are still not being diverted from the criminal justice system and from custody. It focuses particularly on police powers and the role of the appropriate adult at the questioning stage of police investigation rather than the sentencing stage.]


