Sentencing and penology law Essay Example | Topics and Well Written Essays - 2500 words

Sentencing and penology law - Essay Example 175 in particular. Corlett argues that Kant’s theory does advocate for fairness and human dignity (61). Shoham, Beck and Kett’s examination of Kant’s theory of punishment in International Handbook of Penology and Criminal Justice is very instructive and intuitive and will be relied on it to a greater extent than the others. Kant’s theory is interpreted to mean that if society does not punish offenders, society is complicit in the crime†¦see pp 384-385 for further discussion. Another relevant area of study is the general theory of punishment in the field of criminology: Look at the deterrent principle and how it development as a discipline in criminology see Cragg’s The Practice of Punishment: Towards a Theory of Restorative Justice, beginning at p. 42. Also note Braithwaite’s theory of punishment as expressed in Not Just Deserts: A Republican Theory of Criminal Justice and the move away from deterrence. Use Lord Dennings quote as a lead-in: Lead into the move toward rehabilitative justice as opposed to retribution and deterrence as theories of punishment. See Gaines and Miller Criminal Justice in Action: The Core beginning at p. 259. See also Tonry’s Sentencing Matters on the move away from rehabilitative justice (190 onward). Braitwaite’s discussion on restorative justice in Restorative Justice and Therapeutic Jurisprudence 244-262 should also be incorporated into this section to demonstrate the principles of sentencing and developing theories of punishment. Also tie in Walgrave and Aertsen’s Reintegrative Shaming and Restorative Justice and Bandura’s Mechanishms of Moral Disengagement for arguments in favor of restorative justice as a means of demonstrating that Kant’s theory of punishment is not conducive to the aims and objective of criminal justice. Also look at Austin’s Using Early Release to Relive Prison Crowding: A Dilemma in Public Policy to demonstrate that Kant†™s theory of punishment is

Public Policy Formation and Analysis Assignment - 2

Public Policy Formation and Analysis - Assignment Example According to Lindblom in 1959 stated that there are certain identifiable barriers to significant Policy Change. For purposes of clarity and professionalism, I will both paraphrase and project these barriers in the way that will benefit a layman. The barriers are due to the fact that the process of making/formulating policies is tough. Neither social scientist, politicians nor even public administrators know everything about the social world we inhabit, so much as to avoid making mistakes/errors in predicting the accuracy or consequences of policy moves. This is the major barrier. (79-88) Thus, the only wisdom that is inherent in policy making, therefore, involves achieving in small parts so as to avoid huge mistakes. Because mistakes in policy decisions are another barrier. So by utilizing the incremental method especially in the areas of Budgeting, the administrator can always adjust/review those policies knowing that the solution lies in gradual steps. Another barrier to policy change is the fact that successful policy changes could only be achieved in steps. If one step fails, the entire process is taken back and the policy is rejected by the public and society, but the successful completion and execution of the first step will quickly lead to a second step. This is usually practiced in democratic Nations like the USA. (86) Thus for significant policy change to occur, a few aspects of the process must be considered and sorted out i.e there must be a level of comprehensiveness in the policy so as to accommodate various agencies, policy change must have a degree of relevance and realism as is practised in Democratic states and there must be continuous comparisons which are typical of the branch method. Also, a line of compromise must be attained between the theorist and practitioners. Multiple Streams according to Zahariadis is a lens or approach that explains how policies are made. This theory was propounded by Kingdon in 1995 and has become a widely speculated formulation policy framework worthy of discussion. This framework deals with agenda setting and alternative speculation.