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Reducing prison Ssntencing through pre-sentence reports? : why the quasi-market logic of ‘selling alternatives to custody’ fails / Cyrus Tata

Autor: Tata, Cyrus , Senior Lecturer in Law, Centre for Sentencing Research, Law School, Strathclyde University, Glasgow, Scotland,In: Journal of Crime & Justice. Howard. Vol. 57, nº 4 (2018) , p.472-494Idioma: Inglês.País: Reino Unido.ISSN: 2059-1098Assunto: PENAS ALTERNATIVAS | MEDIDAS ALTERNATIVAS | PRISÃO PREVENTIVA | RELATÓRIO PRÉ-SENTENCIAL | PROBATION | SENTENÇA CDU: 343.8 Localização e Cota : 343.8TAT Resumo: A central aim of successive generations of penal reformers and governments has been to reduce the use of imprisonment in relatively less serious cases. In their various guises, pre-sentence reports (PSRs) have been a key vehicle to promote non-custodial ‘alternatives’ to the judicial sentencer. Yet, after decades of pursuing this strategy, a significant reduction in prison sentencing remains elusive. This article suggests that the failure of this policy strategy is, at least in part, rooted in its quasi-market logic. It tends to construct the judicial sentencer as a metaphorical consumer in a penal marketplace, to whom the report writer must convincingly ‘sell alternatives’ to custody. Applying and developing theories of consumption as a cultural practice, it is proposed that, by its very nature, a consumerist model is bound to fail to deliver penal reduction.
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Analíticos de Periódicos Biblioteca da Direção-Geral de Reinserção e Serviços Prisionais
343.8TAT (Browse shelf) 9814 Available DGRSP9814

A central aim of successive generations of penal reformers and governments has been to reduce the use of imprisonment in relatively less serious cases. In their various guises, pre-sentence reports (PSRs) have been a key vehicle to promote non-custodial ‘alternatives’ to the judicial sentencer. Yet, after decades of pursuing this strategy, a significant reduction in prison sentencing remains elusive. This article suggests that the failure of this policy strategy is, at least in part, rooted in its quasi-market logic. It tends to construct the judicial sentencer as a metaphorical consumer in a penal marketplace, to whom the report writer must convincingly ‘sell alternatives’ to custody. Applying and developing theories of consumption as a cultural practice, it is proposed that, by its very nature, a consumerist model is bound to fail to deliver penal reduction.

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