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Open Access research with a European policy impact...

The Strathprints institutional repository is a digital archive of University of Strathclyde's Open Access research outputs. Strathprints provides access to thousands of Open Access research papers by Strathclyde researchers, including by researchers from the European Policies Research Centre (EPRC).

EPRC is a leading institute in Europe for comparative research on public policy, with a particular focus on regional development policies. Spanning 30 European countries, EPRC research programmes have a strong emphasis on applied research and knowledge exchange, including the provision of policy advice to EU institutions and national and sub-national government authorities throughout Europe.

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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

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Abstract

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