‘One cannot legislate kindness’: ambiguities in European legal instruments on non-custodial sanctions
Van Zyl Smit, Dirk and Snacken, Sonja and Hayes, David J. (2014) ‘One cannot legislate kindness’: ambiguities in European legal instruments on non-custodial sanctions. Punishment and Society . ISSN 1462-4745 (In Press)
Official URL: http://www.uk.sagepub.com/journals/Journal200845
Non-custodial sanctions, particularly those that are implemented in the community, have different historical roots in common and civil law jurisdictions. Nevertheless, various European instruments seek to shape the imposition and implementation of such sanctions uniformly across the continent. These instruments reflect an apparent consensus about penal values, culminating in 1992 with the adoption of the European Rules on Community Sanctions and Measures and of the Recommendation on Consistency in Sentencing. In spite of the apparent pan-European consensus, some tensions remained as a result of underlying doctrinal differences and of the compromises that were required to accommodate them.
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