Logged out
Access All our Essays in an Instant
Swap your work for FREE access, or pay £4.99 for instant access
‘There is too much discretion, and not enough law, in the sentencing process.’ Discuss
Member rating: No Rating | Words: | Submitted: Tue Feb 14 2006
Page Preview
On the left is an image preview of every page of this document, and below are the first 150 words with formatting removed:
'There is too much discretion, and not enough law, in the sentencing process.' Discuss Sentencing is probably the 'most important, controversial and politically sensitive aspect of the criminal law'1 with regards to the issues it must contend with. Yet, ironically it stands as the area of law with the least coherence, being described by Frankel 'as a wasteland in law.'2 It appears thirty years after this depiction, this still holds true. The law of sentencing has largely been developed and implemented in an ad hoc fashion without real appreciation or serious commitment to fundamental principles.3 Sentencing decisions are often made not on the basis of established rules and principles, but in accordance with the 'idiosyncratic sentiments of the sentencer.'4 This unconstrained approach to sentencing allows, if not encourages, judges to determine the sentence on the basis of what appears to them to be intuitively correct. The debate therefore, is that the...
Get instant access
- Instant, unlimited access to our documents in full
- Swap your work for free access, or pay £4.99
- To see the full version of this document and 147,207 others
Receive email updates for this category
- Simply tell us your email address and receive a weekly Study Help Email for FREE
- Receive 3 FREE essay views with each email
- Get all the latest essays from Coursework.Info & discussion from TheStudentRoom.co.uk
