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Book Review: Sentencing Reform: Guidance or Guidelines?

Book Review: Sentencing Reform: Guidance or Guidelines? (1989) 22 ANZT Crim BOOK REVIEWS Sentencing Reform: Guidance or Guidelines? edited by Ken Pease and Martin Wasik, Manchester University Press (1987) 208 pp. The hope of the editors of this book is that it will promote informed and reasoned discussion about the appropriateness and nature of sentencing guidelines for Britain; the editors fear that there is a danger some may dismiss guidelines as a serious option for reform and yet not appreciate the movement's achievements, while others may endorse particular guidelines solutions unaware of their limitations and the early mistakes of the policymakers. With these considerations in mind a conference was organised by them at the University of Manchester in 1985, and the book is based on the proceedings of that conference. England and Wales currently enjoy a system of appellate review as a means of checking the discretion of judges sentencing in the first instance and as a source of policy for those judges. The issue is whether there is room for improvement and what form it should take. The conference programme presented a number of distinguished and well-known academics - Ashworth, Tonry, von 'Hirsch and Wilkins. And the quality is readily apparent in the book. The contents cover a wide range of issues germane to the adoption and implementation of a guidelines system but do not examine a wide range of approaches to guidelines. The work commences with Wilkins' brief but fascinating historical account of the moves towards guidelines since late last century, together with a summary of some of the lessons to be learnt from recent experiences with guidelines. Tonry continues and presents an overview of the idea and implementation of the sentencing commission model, and evaluates its performance, particularly in regard to the Minnesota Sentencing Guidelines Commission. Von Hirsch draws upon his experiences with the construction of numerical and qualitative guidelines (principles). The former are illustrated by reference to the Minnesota Sentencing Guidelines Commission's grid and the latter by Sweden's proposed legislative guidance in conjunction with appellate review of sentences and active policy development. Ashworth offers a thoughtful proposal for a system of numerical guidance based on principle for England. The paper sets out a structure for the system and provides an overview of the decisions required for its implementation. Criminal record is clearly an important determinant of sentence, and yet there has been little jurisprudential analysis of its elements; Wasik's paper seeks to redress this imbalance in the literature. The notion of quantum of sentence as a problem in .psychometrics is explained and the implications of this approach are noted by Pease. The other chapters include: a fascinating and insightful insider's account of the means by which magistrates receive guidance in sentencing and the nature of this guidance, together with practical recommendations for improving the system; the possible effects of sentencing guidelines on prosecution practices in England; and the nature and role of reports by probation officers in a system of detailed guidance. This is an excellent book. With perhaps one or two exceptions the chapters are thoughtful, well-argued, informative and thought provoking. Much of the contents would be helpful to undergraduates studying sentencing, but there is plenty of meat for academics, criminal justice practitioners and policymakers. Melbourne AUSTIN LOVEGROVE http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Australian & New Zealand Journal of Criminology SAGE

Book Review: Sentencing Reform: Guidance or Guidelines?

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Publisher
SAGE
Copyright
© The Australian and New Zealand Society of Criminology and Authors, 1989
ISSN
0004-8658
eISSN
1837-9273
DOI
10.1177/000486588902200104
Publisher site
See Article on Publisher Site

Abstract

(1989) 22 ANZT Crim BOOK REVIEWS Sentencing Reform: Guidance or Guidelines? edited by Ken Pease and Martin Wasik, Manchester University Press (1987) 208 pp. The hope of the editors of this book is that it will promote informed and reasoned discussion about the appropriateness and nature of sentencing guidelines for Britain; the editors fear that there is a danger some may dismiss guidelines as a serious option for reform and yet not appreciate the movement's achievements, while others may endorse particular guidelines solutions unaware of their limitations and the early mistakes of the policymakers. With these considerations in mind a conference was organised by them at the University of Manchester in 1985, and the book is based on the proceedings of that conference. England and Wales currently enjoy a system of appellate review as a means of checking the discretion of judges sentencing in the first instance and as a source of policy for those judges. The issue is whether there is room for improvement and what form it should take. The conference programme presented a number of distinguished and well-known academics - Ashworth, Tonry, von 'Hirsch and Wilkins. And the quality is readily apparent in the book. The contents cover a wide range of issues germane to the adoption and implementation of a guidelines system but do not examine a wide range of approaches to guidelines. The work commences with Wilkins' brief but fascinating historical account of the moves towards guidelines since late last century, together with a summary of some of the lessons to be learnt from recent experiences with guidelines. Tonry continues and presents an overview of the idea and implementation of the sentencing commission model, and evaluates its performance, particularly in regard to the Minnesota Sentencing Guidelines Commission. Von Hirsch draws upon his experiences with the construction of numerical and qualitative guidelines (principles). The former are illustrated by reference to the Minnesota Sentencing Guidelines Commission's grid and the latter by Sweden's proposed legislative guidance in conjunction with appellate review of sentences and active policy development. Ashworth offers a thoughtful proposal for a system of numerical guidance based on principle for England. The paper sets out a structure for the system and provides an overview of the decisions required for its implementation. Criminal record is clearly an important determinant of sentence, and yet there has been little jurisprudential analysis of its elements; Wasik's paper seeks to redress this imbalance in the literature. The notion of quantum of sentence as a problem in .psychometrics is explained and the implications of this approach are noted by Pease. The other chapters include: a fascinating and insightful insider's account of the means by which magistrates receive guidance in sentencing and the nature of this guidance, together with practical recommendations for improving the system; the possible effects of sentencing guidelines on prosecution practices in England; and the nature and role of reports by probation officers in a system of detailed guidance. This is an excellent book. With perhaps one or two exceptions the chapters are thoughtful, well-argued, informative and thought provoking. Much of the contents would be helpful to undergraduates studying sentencing, but there is plenty of meat for academics, criminal justice practitioners and policymakers. Melbourne AUSTIN LOVEGROVE

Journal

Australian & New Zealand Journal of Criminology – SAGE

Published: Mar 1, 1989

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