ABSTRACT

So why, after so long a gestation and so much serious work, did England’s Labour government enact a Criminal Justice Act that contained so many proposals that are half-baked (e.g., the Sentencing Council and sentencing guidelines, suspended sentences), that reject long-standing ideas about fairness (e.g., double-jeopardy, prophylactic rules aimed at minimizing wrongful convictions), or that celebrate symbol over substance (e.g., mandatory minimums, dangerous offenders)?