Sentencing, Burglars and Explaining the Differences Between Jurisdictions: Implications for Convergence

The judicial culture of sentencing burglars is the focus of this comparison of sentencing practices in Finland and England and Wales. One hundred and eight judges in focus groups were asked to sentence' five burglars and to give their views on sentencing goals, rules and policies. While the jud...

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Bibliographic Details
Authors: Davies, Malcolm 1946- (Author) ; Takala, Jukka-Pekka (Author) ; Tyrer, Jane 1951- (Author)
Format: Electronic/Print Article
Language:English
Published: 2004
In: The British journal of criminology
Year: 2004, Volume: 44, Issue: 5, Pages: 741-758
Online Access: Volltext (doi)
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Availability in Tübingen:Present in Tübingen.
IFK: In: Z 7
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Keywords:
Einbruchdiebstahl
Strafzumessungspraxis
Vergleich
Finnland
Großbritannien
Strafungleichheit
Description
Summary:The judicial culture of sentencing burglars is the focus of this comparison of sentencing practices in Finland and England and Wales. One hundred and eight judges in focus groups were asked to sentence' five burglars and to give their views on sentencing goals, rules and policies. While the judges in both countries professed broadly similar principles and ranked the seriousness of the offences almost identically, Finnish judges indicated more lenient sentences than their counterparts in England and Wales. Focus groups' discussion with judges revealed factors that work at a number of levels and can account for the differences between these jurisdictions. A sensitive methodology is required to make sense of these differences. In our conclusion, we offer a framework that we think will be help to explain variations in cross-jurisdictional patterns of sentencing
ISSN:0007-0955
DOI:10.1093/bjc/azh035