Sentencing Policy and Social Justice

Abstract

The book argues that the promotion of social justice should become a key objective of sentencing policy. It rejects the idea that current forms of justice delivery can respond adequately to the social realities of social exclusion, discrimination, and poverty and their impact on criminality and victimization. Rather, it argues that a deeper understanding of the moral values that underpin punishment by the state is necessary, one that engages more convincingly with the justice needs and expectations of citizens and communities. It concludes that meaningful normative change is only possible where the moral foundations that underpin penal ideology and inform the sentencing policies and practices of the courts reflect a ‘real’ sharing of values about the social utility of sentencing and its outcomes. This aspiration is not portrayed as some kind of vague utopian notion, but as a fundamental necessity for the future legitimacy of penal governance. The book explores how sentencing might contribute more effectively to the achievement of social justice by engaging with some controversial and difficult problems, such as the sentencing of irregular migrants, offences of serious public disorder, sentencing for financial crime, and the sentencing of women. It concludes by proposing some practical reforms to sentencing in England and Wales based on the arguments developed in the earlier chapters, including an expanded role for the Sentencing Council in the development of a more regional and community-focused sentencing policy.

Re-thinking notions of evidence and proof for sentencing: Towards a more communitarian model

“…A key question in the present context is whether, and to what extent, respect is, or can become, relevant to enhancing the moral credibility of sentencing (Henham, 2018: 114). In this sense, as a foundational value, respect should influence the form and direction of sentencing policy, particularly if one takes the view that sentencing must empathise with the subjective understandings of stakeholders to retain legitimacy.…”

“…O'Mahony and Doak have developed notions of agency and empowerment as a way of re-imagining and justifying the use of restorative justice. This article argues against the existing retributive-based ideology, suggesting its replacement with a valuebased system (Henham 2018). Consequently, the purposes of sentencing, whether retributive, deterrent, rehabilitative, or re-integrative, or combinations thereof, are tied to the wider moral purpose of promoting shared social values.…”

“…I have argued that sentencing principles should be applied generally without social or cultural differentiation (Henham, 2018: ch. 7).…”

“…I have argued elsewhere that perceptions of 'social justice' in the policy and practice of sentencing are crucial in sustaining the moral credibility and legitimacy of state penality (Henham, 2018). This suggests that sentencing has a significant communitarian 1 dimension.…”

“…I argue that the solution lies in grounding the justifications for punishment in an ideology reflecting shared social values that promote the common good on the basis that an ethical practice developed from such values is more likely to foster moral and social cohesion in society (Henham, 2018: ch. 1).…”