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惠灵顿代写Assignment:司法能力体现
2017-03-26 15:24

惠灵顿代写Assignment:司法能力体现
Indeed, when we look at the creeping judicial competences enshrined within the Criminal Justice Act of 2003 and, moreover, when we understand the extent to which the state has presided over Cohen’s ‘net widening’ and ‘mesh thinning’ criminological theory we can begin to understand how there has been such a vast reduction in sentencing for guilty pleas as a result of the passing of this piece of legislation. When we look in detail at, for example, the extension of judicial powers with regards to anti-drug policy, we can see how the state had to adopt a more lenient approach to sentencing to avoid an epidemic of arrests in response to the “substantially increased penalties” (Newburn, 2007:475) facing users and suppliers of class C drugs. Rather than sentence those who plead guilty to drug offences, the state has been forced to look at alternatives beginning with the generic Community Order for all offenders over the age of sixteen which comprises “requirements commensurate with the seriousness of the offence” (Wincup, 2005:212). Thus, rather than looking towards handing down a custodial sentence in response to a variety of drug convictions, the stipulations of the Criminal Justice Act look towards more liberal responses to the problem of drugs in contemporary society invoking such measures as mandatory drug testing and state sponsored drug counselling – both provided within the confines of the community (as opposed to prison). While this can clearly be seen to follow the dominant socio-political ideology which strives to avoid (where possible) snaring offenders within the penal system, there is also an inexorable paradox to the anti drug policy encapsulated in the 2003 Criminal Justice Act whereby liberal responses (for instance issuing sterilising tablets to prisoners who inject) are offset by traditional punitive measures (such as drug testing minor offenders within the confines of the Community Order) which appear to contradict the broader aiming of reducing crime figures in England and Wales. Viewed through this prism, we can begin to understand the 2003 Criminal Justice Act as evidence of a genuine shift towards a more discernibly liberal response to issues relating to crime, order and lawlessness in contemporary society while at the same time being embedded to more traditional punitive measures which still interpret criminals as an aberration and crime as an anomaly with both deviations best served by corrective punishment and control.
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