Sentencing in the New South Africa: the prospects for reform

N. Hutton

Research output: Contribution to journalArticle

1 Citation (Scopus)

Abstract

This paper is an attempt to map out the current state of sentencing in South Africa and to consider the prospects for reform. Bottoms (1995) has identified a number of themes which have accompanied sentencing reforms in a number of Western jurisdictions. These are: a managerialist ethos in public services which emphasizes efficiency and value for money in service delivery, the rhetorical use of the concept of 'community' as both a site and an agency for crime control and the delivery of punishment, the just deserts approach to punishment which advocates allocating punishment proportionately according to the seriousness of the offence rather than on the basis of the character or needs of the offender and finally public punitiveness which refers to the political response to the apparent demand from 'the public' for tougher punishment. These themes have combined to produce different patterns of sentencing reform in different jurisdictions.
LanguageEnglish
Pages315-335
Number of pages20
JournalInternational Journal of the Sociology of Law
Volume25
Issue number4
DOIs
Publication statusPublished - Dec 1997

Fingerprint

penalty
reform
jurisdiction
offense
desert
public service
offender
efficiency
demand
community

Keywords

  • sentencing
  • New South Africa

Cite this

@article{d8209b4832db411f917aae0a84a10589,
title = "Sentencing in the New South Africa: the prospects for reform",
abstract = "This paper is an attempt to map out the current state of sentencing in South Africa and to consider the prospects for reform. Bottoms (1995) has identified a number of themes which have accompanied sentencing reforms in a number of Western jurisdictions. These are: a managerialist ethos in public services which emphasizes efficiency and value for money in service delivery, the rhetorical use of the concept of 'community' as both a site and an agency for crime control and the delivery of punishment, the just deserts approach to punishment which advocates allocating punishment proportionately according to the seriousness of the offence rather than on the basis of the character or needs of the offender and finally public punitiveness which refers to the political response to the apparent demand from 'the public' for tougher punishment. These themes have combined to produce different patterns of sentencing reform in different jurisdictions.",
keywords = "sentencing, New South Africa",
author = "N. Hutton",
year = "1997",
month = "12",
doi = "10.1006/ijsl.1997.0045",
language = "English",
volume = "25",
pages = "315--335",
journal = "International Journal of the Sociology of Law",
issn = "0194-6595",
publisher = "Elsevier Science",
number = "4",

}

Sentencing in the New South Africa: the prospects for reform. / Hutton, N.

In: International Journal of the Sociology of Law, Vol. 25, No. 4, 12.1997, p. 315-335.

Research output: Contribution to journalArticle

TY - JOUR

T1 - Sentencing in the New South Africa: the prospects for reform

AU - Hutton, N.

PY - 1997/12

Y1 - 1997/12

N2 - This paper is an attempt to map out the current state of sentencing in South Africa and to consider the prospects for reform. Bottoms (1995) has identified a number of themes which have accompanied sentencing reforms in a number of Western jurisdictions. These are: a managerialist ethos in public services which emphasizes efficiency and value for money in service delivery, the rhetorical use of the concept of 'community' as both a site and an agency for crime control and the delivery of punishment, the just deserts approach to punishment which advocates allocating punishment proportionately according to the seriousness of the offence rather than on the basis of the character or needs of the offender and finally public punitiveness which refers to the political response to the apparent demand from 'the public' for tougher punishment. These themes have combined to produce different patterns of sentencing reform in different jurisdictions.

AB - This paper is an attempt to map out the current state of sentencing in South Africa and to consider the prospects for reform. Bottoms (1995) has identified a number of themes which have accompanied sentencing reforms in a number of Western jurisdictions. These are: a managerialist ethos in public services which emphasizes efficiency and value for money in service delivery, the rhetorical use of the concept of 'community' as both a site and an agency for crime control and the delivery of punishment, the just deserts approach to punishment which advocates allocating punishment proportionately according to the seriousness of the offence rather than on the basis of the character or needs of the offender and finally public punitiveness which refers to the political response to the apparent demand from 'the public' for tougher punishment. These themes have combined to produce different patterns of sentencing reform in different jurisdictions.

KW - sentencing

KW - New South Africa

UR - http://dx.doi.org/10.1006/ijsl.1997.0045

U2 - 10.1006/ijsl.1997.0045

DO - 10.1006/ijsl.1997.0045

M3 - Article

VL - 25

SP - 315

EP - 335

JO - International Journal of the Sociology of Law

T2 - International Journal of the Sociology of Law

JF - International Journal of the Sociology of Law

SN - 0194-6595

IS - 4

ER -