Recent Book: Sentences: Sentencing in Magistrates' Courts
| Published date | 01 November 1962 |
| Date | 01 November 1962 |
| DOI | 10.1177/0032258X6203500616 |
| Subject Matter | Recent Book |
is
that
so many people are already doing exactly what Mr. MacInnes advises,
without first having made even a slight effort to understand.
FRANK
ELMES
SENTENCES
ROGER
HOOD:
Sentencing in Magistrates' Courts. Stevens. 20s.
TH[S
[S A
STUDY
in variations of policy. The research project was undertaken at
the request of the
Home
Office and carried
out
under the auspices of the London
School of Economics and Political Science (University of London). The work is
intended to form
part
of the Library of Criminology.
The research has been thoroughly done
but
of necessity has been confined to
merely a cross-section
of
courts and cases. In many ways it reveals disturbing
inconsistencies in sentences, and this aspect is very important in the light of the
increased powers which will be given to magistrates' courts.
The statistics produced are very interesting,
but
not conclusive in relation to
crime rates. In some respects it can be said
that
areas with the highest imprison-
ment rates have the lowest crime rates,
but
this would be a generalization difficult
to justify.
This book merely presents the facts as revealed by the research carried out. As
afactual document it is very valuable in providing material for further considera-
tion by those whose duty it is to try to halt the crime rate. Sentencing could be
the answer,
but
few would subscribe to
that
view today.
As the
author
points out, so many factors influence those who have the power
to impose punishment, and so long as human beings judge human behaviour there
can never be consistency.
The composition of benches will always remain a problem so long as
our
present system survives. And who would wish to alter it? Equally important is
the character of the area in which an offence is committed. A crime which would
cause revulsion in one area would be regarded as very minor in another, and as
magistrates are ..
of
the
people"
there are bound to be inconsistencies. The
social backgrounds of various benches make a particularly interesting study.
In a serious study of criminology this book can make a valuable contribution,
but taken alone as an aid to law enforcement it is
not
of special value; I suppose
it is not intended-to be.
The work is of interest to police officers,
and
if carefully studied it could be of
value. The most important lesson to be learnt from it is the paucity of police
information available to magistrates' courts regarding the background of
offenders, and it is becoming ever more evident
that
courts are relying upon
probation officers. This seems a pity; Icannot believe
that
probation officers can
extract more reliable information by a short chat with a prisoner than a police
officer who is handling the case from the commencement. T.L.
GETTING
DOWN
TO
CASES
RUPERT
CROSS
and P.
ASTERLEY
JONES:
Cases on Criminal Law. Butterworths.
32s.6d.
TO
THE
STUDENT,
the study of case-law is as important as
that
of statute law;
few, however, have the opportunity of access to a complete set of reports. In
standard
textbooks the ratio decidendi only is mentioned and the reports there are,
of necessity, short
and
to the point. They give the student little latitude in his
understanding
of
the facts or the surrounding law
nor
do they contain the obiter
dicta of the judges.
Although this work is complementary to the same authors' Introduction to
Criminal Law, it contains some 250 cases which are the stock in trade of any
textbook on the subject.
Thus
the student is able to refresh his memory quickly
and
accurately on a large number of the most important cases. The notes which
follow the reports are most pertinent and lead the student into further under-
standing, giving scope for further reading. The layout of the contents is good and
the indices are adequate.
November-December 1962 434
To continue reading
Request your trial