Show Summary Details
Sentencing and PunishmentThe Quest for Justice

Sentencing and Punishment: The Quest for Justice (4th edn)

Susan Easton and Christine Piper
Page of

Printed from Oxford Law Trove. Under the terms of the licence agreement, an individual user may print out a single article for personal use (for details see Privacy Policy and Legal Notice).

date: 23 May 2024

p. 1716. Instead of punishment?

Restorative justice, child welfare, and medical treatmentlocked

p. 1716. Instead of punishment?

Restorative justice, child welfare, and medical treatmentlocked

  • Susan EastonSusan EastonProfessor of Law, Brunel University
  •  and Christine PiperChristine PiperEmeritus Professor of Law, Brunel University

Abstract

This chapter looks at three aspects of sentencing and punishment which—though very different—potentially offer alternatives to a focus on punishment. It first discusses an alternative rationale and approach for responding to those who commit offences, restorative justice and then discusses two sets of offenders where the court does not have to sentence strictly in line with just deserts. So it focuses on children and young people under 18 years of age and examines the policies developed to take into account the welfare of the child, such as diversion from prosecution and a modified approach to strict proportionality of penal responses. Next the chapter focuses on those offenders who are deemed to be mentally disordered and reviews those options available to the sentencing court which focus on treatment rather than punishment. Finally, the chapter provides reflective exercises for all three (potential) alternatives to punishment.

You do not currently have access to this chapter

Sign in

Please sign in to access the full content.

Subscribe

Access to the full content requires a subscription