Sentencing Policy as a Force for Social Cohesion
This chapter sets out the case for adopting a normative approach to conceptualizing the social reality of sentencing. It argues that policy-makers need to comprehend how sentencing is implicated in realizing state values and take greater account of the social forces that diminish the moral credibility of state sponsored punishment. The chapter reflects on the problems of relating social values to legal processes such as sentencing and argues that crude notions of ‘top down’ or ‘bottom up’ approaches to policy-making should be replaced by a process of contextualized policy-making. Finally, the chapter stresses the need for sentencing policy to reflect those moral attachments that bind citizens together in a relational or communitarian sense. It concludes by exploring these assertions in the light of the sentencing approach taken by the courts following the English riots of 2011.