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Hebenton and Pease Critique

            This question involves writing a critical analysis of .
             the Hebenton and Pease paper from the Bull and Carson .
             handbook. Taken into consideration will be how their .
             work throws light on the sentences passed by judges in .
             criminal cases. Research in this area is often difficult .
             because the researcher can quite easily get committed for .
             an offence. However, research into the attitudes, .
             beliefs and reasoning of judges does not always give an .
             accurate picture of the ways in which they pass .
             sentences. Thus, in a way sentencing is regarded as a .
             kind of mystery, characterised by a strong formalism .
             which concerns outward appearance and structure. There .
             are numerous factors which play an important role in .
             influencing a judges decision regarding criminal cases. .
             The aspects which will be discussed here are: two .
             justifications of punishment; retributivism (wholly .
             deserved by offender) and reductivism (preventative .
             consequences of sentences), crime seriousness and .
             sentence length, two approaches to explain judges .
             decisions; analytical (attempt to extract factors which .
             bear upon the case) and synthetic (concerning the .
             translation of case seriousness into sentence severity) .
             and "The Billam Guideline Judgement." These aspects will .
             be discussed in order to present an insight into the .
             "mental mixer of sentencing" given by a judge.
             In light of sentences passed by judges in criminal .
             cases it is necessary to consider two justifications of .
             punishment which are taken into account by the judge: .
             crime retributivism and crime reductivism. At present .
             judges pass sentences by way of retribution which is .
             defended by the fact that, "you have to be cruel to be .
             kind." Thus, by giving offenders rather long sentences .
             of imprisonment it is hoped that they will eventually .
             "learn their lesson" that crime does not pay. The .
             world-wide aim for the future involves moving towards a .
             reductivism form of punishment. According to .


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