ABSTRACT
The purpose of this chapter is to give the reader an overview of the socio-political and historical influences that have shaped the sentencing systems of France and Italy and to draw comparisons where appropriate regarding the impact of adversarial, inquisitorial and hybridised forms of trial justice on sentencing practice and its public perception. Consistent with the theme of the book, the analytical approach taken is to consider the relationship between social factors and the normative framework that underpins sentencing. Although one objective is to evaluate the extent to which existing theories and concepts in criminal justice theory can assist in exploring issues of legitimacy, the primary purpose of the analysis is to consider expert commentary and empirical evidence concerning the relationship between moral and social factors and how this influences the theory and practice of sentencing and, ultimately, its impact on the governance role of punishment and sentencing in criminal justice. Of particular significance is the extent to which perceptions about the role of victims have influenced the way in which they are treated for the purpose of sentencing and the impact of any structural reforms designed to increase victim participation in the sentencing process.
