This feels like a real landmark, seeing the problem of penal populism confronted explicitly gives me hope. One point that still worries me is the view expressed that the process of sentence inflation is entirely artificial. We find that for many offence groups it isn't. bsky.app/profile/jpin... - ThreadSky

jpinasanchez.bsky.social • 10 days ago

This feels like a real landmark, seeing the problem of penal populism confronted explicitly gives me hope.
One point that still worries me is the view expressed that the process of sentence inflation is entirely artificial. We find that for many offence groups it isn't.
https://bsky.app/profile/jpinasanchez.bsky.social/post/3lg3ezm3v6c2q

Reposted from @davidgauke

Penal populism has broken Britain’s prisons. My piece for @newstatesman.com on why our addiction to longer sentences is unsustainable.
www.newstatesman.com/politics/soc...

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jpinasanchez.bsky.social•10 days ago

which is why I am hoping that responses to the problem will also consider offence-specifc solutions. Eg the growth of sentence inflation for sex offences has been huge, but for criminal damage appears to be entirely driven by changes in the offence mix.

joannelouisehayley.bsky.social•9 days ago

The gnm guideline is too high (also borrowed by driving one). A mens rea based on negligence should not reach 18 years- 10 year max is possibly sufficient to cover more serious cases.

joannelouisehayley.bsky.social•9 days ago

From safety systems standpoint tragic accidents are not usually single person fault is it systematic so i query is it just to assign disproportionate level of blameworthiness to single individuals? I don't think so.

joannelouisehayley.bsky.social•10 days ago

Using year 1988 (or offence first set) as a baseline for unduly leniency
Parameters to consider for referral (or increase by CACD judges)
- Actual facts of the case over time (is the facts more severe than past?)
-Prevalence (Crime trends overtime)
-Other jurisdiction approaches

jpinasanchez.bsky.social•10 days ago

Our analysis appears to contradict that of the MoJ report that the independent review relies on (https://assets.publishing.service.gov.uk/media/67b301e0b56d8b0856c2fd35/acsl-report.pdf).
I am of course biased, but I trust our findings more, not only for the clarity of our approach but also because our findings are reproducible.

joannelouisehayley.bsky.social•5 days ago

For the "offence mix" bit will there be studies of cases nowadays be punished in the past and past cases if happens now the anticpated punishment? In terms of type and length? Basically a "time travelling" of cases?

joannelouisehayley.bsky.social•10 days ago

I think solution should be reduce some crime maximum sentence as appropirate-
Think about maximum sentence as a pyramid more violent and sexual crimes will rightly be on the top. I think the NZ study really good
https://www.lawcom.govt.nz/assets/Publications/StudyPapers/NZLC-SP21.pdf

joannelouisehayley.bsky.social•10 days ago

Also Tonry (2019, P.28) says That is not true everywhere. In many western and northern European countries,
statutory maximum punishments for most crimes are in low single digits (in years) and for the
most serious, except sometimes murder, are 10, 12, or 14 years

joannelouisehayley.bsky.social•10 days ago

https://www.judiciary.uk/wp-content/uploads/2021/12/R-v-Ahmed-Anisah-Arif-2021-EWCA-Crim-1786-.pdf
Is one of the case I feels disturbing, the charges in question do not result in lifelong or double figures sentence across the european continent. False accusation is obviously not ideal but no judges will every think about life for this matter elsewhere in Europe

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