Models of understanding criminal behaviour and the sentencing process : a place for criminological theory?

Edney, Richard 2006, Models of understanding criminal behaviour and the sentencing process : a place for criminological theory?, Journal of criminal law, vol. 70, no. 3, pp. 247-271.

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Title Models of understanding criminal behaviour and the sentencing process : a place for criminological theory?
Author(s) Edney, Richard
Journal name Journal of criminal law
Volume number 70
Issue number 3
Start page 247
End page 271
Publisher Vathek Publishing
Place of publication Isle of Man
Publication date 2006
ISSN 0022-0183
1740-5580
Summary The method by which a sentencing court understands the reasons for the commission of a criminal offence is crucial to the framing of the ultimate disposition imposed in all of the circumstances of the offence and the offender. Under Australian criminal law the insights of criminology are rarely. if ever. used in the discharge of the sentencing function. In particular, theories of crime causation evident in schools of criminological thought are not relied upon even though ostensibly such theories would appear to have a degree of relevance to the sentencing task. In this article, a short sketch of contemporary criminological theory is provided. This is followed by a survey of the use of criminological theory under Australian criminal law and what role, if any, it plays in contemporary  criminal justice administration. Finally, consideration is given as to whether or not criminological theory would be of assistance in the discharge of the  sentencing task in relation to not only understanding the reasons for the commission of the offence by the offender, but also in the determination of the appropriate sanction.
Language eng
Field of Research 160299 Criminology not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
Persistent URL http://hdl.handle.net/10536/DRO/DU:30003948

Document type: Journal Article
Collection: School of Law
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