Applying generic sentencing aims in domestic violence cases in England and Wales

There is an enduring legacy of trivialisation and ineffectiveness at various stages in the criminal justice process when it comes to responding to domestic violence. One area of contention relates to sentence. Sentencers in England and Wales are bound by law to have regard to a number of aims: the punishment of offenders; deterrence; public protection; rehabilitation; and reparation. Whilst commentators have criticised the framework on the basis that it is contradictory and engenders inconsistency, it will be argued that granting sentencers discretion to balance the prescribed aims maximises the potential for a successful outcome in individual cases.     

Beyond ‘Constitutionalism Beyond the State’

For contemporary constitutional theory, the key challenge posed by globalization undermines the traditional link between constitutionalism and the state: in response to multi‐level governance, theories of constitutionalism beyond the state have been advanced. This focus on levels obscures more fundamental epistemological questions raised by globalization about the nature of constitutionalism itself. Critical analysis of three leading schools of constitutionalism beyond the state – supranational, societal, and new constitutionalism – highlights their shared assumptions with state‐based thought regarding the separation between economics and politics, and the necessarily hegemonic character of constitutionalism. However, globalization intensifies critique of these assumptions, and questions their translation to the transnational context. An alternative scholarly fault line to the state/non‐state cleavage emerges between working within and transcending the politics of constitutional knowledge produced during the nation‐state era. A broader globalization perspective reveals the extent to which such processes of constitutional rethinking are under way through developments in the global South.     

Popular Punitiveness? Punishment and Attitudes to Law in Post-Soviet Georgia

Georgia is the only country in the post-Soviet region where incarceration rates significantly grew in the 2000s. Then in 2013, the prison population was halved through a mass amnesty. Did this punitiveness and its sudden relaxation after 2012 impact attitudes to the law? We find that these attitudes remained negative regardless of levels of punitiveness. Furthermore, the outcomes of sentencing may be less important than procedures leading to sentencing. Procedural justice during both punitiveness and liberalisation was not assured. This may explain the persistence of negative attitudes to law. The Georgian case shows that politically-driven punitive turns or mass amnesties are unlikely to solve the problem of legal nihilism in the region.     

Reviews

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Stephen Whitefield, Industrial Power and the Soviet State. Oxford: Clarendon Press, 1993, 279 pp; £35.00

Steve H. Hanke, Lars Jonung & Kurt Schuler, Russian Currency and Finance: A Currency Board Approach to Reform. London and New York: Routledge, 1993, xvi + 222 pp., £35.00.

Gregory S. Alexander & Grazyna Skapska eds, A Fourth Way? Privatization, Property, and the Emergence of New Market Economies. New York, London: Routledge, 1994, xxiii + 336 pp., £40.00 h/b, £14.99 p/b.

John and Carol Garrard (eds), World War II and the Soviet People. Selected Papers from the Fourth World Congress for Soviet and East European Studies, Harrogate, 1990. New York: St Martin Press, 1993, 268 pp. $45.00.

John Barber & Mark Harrison, The Soviet Home Front: A Social and Economic History of the USSR in World War II. London and New York: Longman, 1991, xiii + 252pp

Richard Debo, Survival and Consolidation: The Foreign Policy of Soviet Russia, 1918–1921. Montreal: McGill‐Queen's University Press, 1992, xiii + 502 pp., £42.00.

Amy Knight, Beria: Stalin's First Lieutenant. Princeton, NJ: Princeton University Press, 1993, xvii + 312 pp., $24.95, ;19.95.

Ronald Grigor Suny, Looking Toward Ararat: Armenia in Modern History. Bloomington, IN: Indiana University Press, 1993, xi + 289 pp. £32.50 h/b, £12.99 p/b.     

Suicide Risk in Emerging Adulthood: Associations with Screen Time over 10 years

Journal of Youth and Adolescence - Suicide rates have increased over the past decade, and screen media (and social media in particular) are often blamed for this marked increase. However, there is...