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AUST. & N.Z.JOURNAL OF CRIMINOLOGY (June, 1974) : 7,2 65 Compassion or Sentimentality? WE ARE becoming considerably used to reading that courts are tending to show undue mercy to offenders appearing before them and that a major influence in this is the "permissive" expert. Hawken:» puts the point of view of the somewhat aggrieved lay person. He writes: I sense that many people are becoming increasingly unhappy about the attitude of some judges and magistrates towards the punishment of convicted offenders. Their instinct for justice is troubled, and their unease is growing at the way courts seem to be lavishing mercy a bit too generously. I say too generously because no one denies that compassion must often be applied and has an inalienable role in our system. Where there is public concern, it is be cause so many court decisions appear to lapse from compassion into sentimen tality, and to regard "punishment" as a dirty lO-letter word. This is a trouble some field, with many misty or impenetrable areas, and one where the layman bows to the wisdom of experts. On the main principles, most ordinary people would be reluctant to challenge the professionals. It is unquestionably right to
Australian & New Zealand Journal of Criminology – SAGE
Published: Jun 1, 1974
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