Connecting legal and social justice in the neo-liberal world? : the construction interpretation and use of pre-sentence reports
Tata, Cyrus and Field, Stewart (2010) Connecting legal and social justice in the neo-liberal world? : the construction interpretation and use of pre-sentence reports. Punishment and Society, 12 (3). 235–238. ISSN 1462-4745 (https://doi.org/10.1177/1462474510369440)
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The legitimacy of state-imposed punishment depends on more than the making of lawful decisions. The sentencing process is legitimated also by looking outwards beyond narrow legal criteria so as to accommodate individualized substantive justice, including some recognition of social disadvantage. Pre-sentence reports1 are the main way in which sentencing brings together these legal and social conceptions of justice. In their advice and assistance to sentencers, reports enable penal decision making to accommodate ‘external’ context, while also rapidly processing a high volume of cases. Indeed, the instrumentally ‘efficient’ disposal of cases may well hinge upon the expression of individualization and humanity
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Item type: Article ID code: 29252 Dates: DateEventJuly 2010PublishedSubjects: Social Sciences > Social pathology. Social and public welfare Department: Faculty of Humanities and Social Sciences (HaSS) > Strathclyde Law School > Law Depositing user: Pure Administrator Date deposited: 07 Mar 2011 23:28 Last modified: 08 Apr 2024 18:53 Related URLs: URI: https://strathprints.strath.ac.uk/id/eprint/29252