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Vol 21 No 11 Nov/Dec 2016

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Sentencing in the Netherlands: Taking Risk-Related Offender Characteristics into Account

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ISBN13: 9789462364790
Published: October 2014
Publisher: Eleven International Publishing
Country of Publication: The Netherlands
Format: Paperback
Price: £35.50



Despatched in 13 to 15 days.

The sentencing decision of the judge might be the most important decision in the criminal proceedings, not only because of the impact the punishment has on the offender, but also because the sentencing decision is a cornerstone of the legitimacy of the entire criminal justice system. Nonetheless, there still are questions about the factors judges take into account when making their sentencing decision.

This study aims to improve our understanding of the sentencing decisions judges make. The developments in criminal justice practices as regards the emergence of 'actuarial justice' have directed the focus of this study to risk-based sentencing: are offenders with a high risk of reoffending more likely to be sentenced to imprisonment and to longer prison terms than low-risk offenders? To what extent do judges take information into account on the risk-related personal characteristics of the offender, such as unemployment, ties to family or friends, or drug usage, when making their sentencing decision? Using uniquely detailed data on risk-related social circumstances of the offender, and advanced quantitative and qualitative research methods, this study provides in-depth insight into sentencing.

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Subjects:
European Jurisdictions
Contents:
1. Introduction
2. Offender's personal circumstances and punishment. Toward a more refined model for the explanation of sentencing disparities
3. Pre-sentence reports and punishment. A quasi-experiment assessing the effects of risk-based pre-sentence reports on sentencing
4. 'Does he deserve another chance? Or have we had it with him?' Judges on the role of the risk of recidivism in sentencing
5. Sentencing homicide offenders in the Netherlands. Offender, victim, and situational influences in criminal punishment
6. There's more to sentencing than imprisonment. The effects of offender characteristics on multifarious sentencing outcomes
7. Summary and general discussion.