The penal impact of community punishment in England and Wales: a conceptual and empirical study

This thesis examines two research questions: firstly, how does community punishment impact upon the lives of those subjected to it; and secondly, to what extent is that impact affected by the relationship between the offender and her Probation Service supervisor? It considers these questions in both...

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Main Author: Hayes, David John
Format: Thesis (University of Nottingham only)
Language:English
Published: 2015
Subjects:
Online Access:https://eprints.nottingham.ac.uk/28294/
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author Hayes, David John
author_facet Hayes, David John
author_sort Hayes, David John
building Nottingham Research Data Repository
collection Online Access
description This thesis examines two research questions: firstly, how does community punishment impact upon the lives of those subjected to it; and secondly, to what extent is that impact affected by the relationship between the offender and her Probation Service supervisor? It considers these questions in both conceptual and empirical terms by outlining, and then deploying, the analytical framework of penal impact, an approach to penal severity that uses pain as a metric by which to judge the suitability of punitive interventions. By evaluating sentence severity in terms of penal impact, one can examine both the types of pain that follow from a particular sentence, as well as their relative magnitude, building up a qualitative comparison of different impositions of community punishment. However, because pain is an inherently subjective concept, the evaluation of penal impact requires empirical data. This study therefore explores the findings of interviews with nine offenders and 11 supervision officers within a single Probation Trust. The data drawn from these interviews indicate a broad range of pains that vary considerably in their intensity and incidence from offender to offender. The study explores the question of the extent to which these pains can be associated with the formal process of punishment, the extent to which they can be considered punitive in a retributive sense, and the means by which such pains can be compared between subjective experiences. It concludes that the penal impact of community punishment in England and Wales is considerable, and goes substantially beyond the relatively �soft� image suggested by a narrow, liberty-based conception of sentence severity. The process of supervision has a substantial effect upon the pains felt � and therefore, upon the sentence�s overall impact. The implications of these conclusions for sentencing policy in England and Wales are discussed, and avenues of further research are identified.
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spelling nottingham-282942025-02-28T11:33:18Z https://eprints.nottingham.ac.uk/28294/ The penal impact of community punishment in England and Wales: a conceptual and empirical study Hayes, David John This thesis examines two research questions: firstly, how does community punishment impact upon the lives of those subjected to it; and secondly, to what extent is that impact affected by the relationship between the offender and her Probation Service supervisor? It considers these questions in both conceptual and empirical terms by outlining, and then deploying, the analytical framework of penal impact, an approach to penal severity that uses pain as a metric by which to judge the suitability of punitive interventions. By evaluating sentence severity in terms of penal impact, one can examine both the types of pain that follow from a particular sentence, as well as their relative magnitude, building up a qualitative comparison of different impositions of community punishment. However, because pain is an inherently subjective concept, the evaluation of penal impact requires empirical data. This study therefore explores the findings of interviews with nine offenders and 11 supervision officers within a single Probation Trust. The data drawn from these interviews indicate a broad range of pains that vary considerably in their intensity and incidence from offender to offender. The study explores the question of the extent to which these pains can be associated with the formal process of punishment, the extent to which they can be considered punitive in a retributive sense, and the means by which such pains can be compared between subjective experiences. It concludes that the penal impact of community punishment in England and Wales is considerable, and goes substantially beyond the relatively �soft� image suggested by a narrow, liberty-based conception of sentence severity. The process of supervision has a substantial effect upon the pains felt � and therefore, upon the sentence�s overall impact. The implications of these conclusions for sentencing policy in England and Wales are discussed, and avenues of further research are identified. 2015-07-17 Thesis (University of Nottingham only) NonPeerReviewed application/pdf en arr https://eprints.nottingham.ac.uk/28294/1/David%20Hayes%2C%20%27The%20Penal%20Impact%20of%20Community%20Punishment%20in%20England%20and%20Wales%20-%20A%20Conceptual%20and%20Empirical%20Study%27%20%28PhD%20Thesis%2C%202011-2015%20-%20FINAL%20VERSION%29.pdf Hayes, David John (2015) The penal impact of community punishment in England and Wales: a conceptual and empirical study. PhD thesis, University of Nottingham. community punishment penal system england wales community-based corrections pain punishment
spellingShingle community punishment
penal system
england
wales
community-based corrections
pain
punishment
Hayes, David John
The penal impact of community punishment in England and Wales: a conceptual and empirical study
title The penal impact of community punishment in England and Wales: a conceptual and empirical study
title_full The penal impact of community punishment in England and Wales: a conceptual and empirical study
title_fullStr The penal impact of community punishment in England and Wales: a conceptual and empirical study
title_full_unstemmed The penal impact of community punishment in England and Wales: a conceptual and empirical study
title_short The penal impact of community punishment in England and Wales: a conceptual and empirical study
title_sort penal impact of community punishment in england and wales: a conceptual and empirical study
topic community punishment
penal system
england
wales
community-based corrections
pain
punishment
url https://eprints.nottingham.ac.uk/28294/