ABSTRACT

This chapter aims to introduce readers to some of the principal issues arising from the operation of the courts and, in particular, the sentencing of offenders. The process of sentencing is one of the most cohesive actions that the state can apply to individuals as, at its most extreme, it can deprive people of their liberty for very long periods of time. For sentences to be seen as legitimate, they must be imposed after the accused has been found guilty as a result of a fair trial in which the decision has been reached by those with the authority to do so. Sentencing decisions must also be consistent between individuals and geographic location. We shall see in this chapter that the fundamental principles of our criminal justice process of truth, justice and fairness are stretched by the current court and sentencing process.