性问题

IF 1.5 Q2 CRIMINOLOGY & PENOLOGY PROBATION JOURNAL Pub Date : 2021-09-01 DOI:10.1177/02645505211020523b
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引用次数: 2

摘要

这是一项非常严重的罪行,可能会被判处更长的监禁。”对履行职责的公务员的暴力威胁,特别是涉及使用枪支的威胁,理所当然地被视为令人反感。”社会工作者“理应得到法律的充分保护”。这一事件显然对主要受害者造成了深刻的创伤,并对该地方当局提供的社会服务产生了不利影响。这名受害者一直呆在家里,继续履行职责,直到警察到来,这是对她的勇气和韧性的衡量,而不是对B有利的减轻因素。她的律师声称她再次犯罪的风险很低,这与PSR的评估结果相反,PSR评估结果表明,B.正在服用的药物使这种风险“明显更高”。B.以前从未被判处监禁。她曾多次有机会配合缓刑,并遵守针对她的案件制定的各种社区命令。事实上,她没有这样做——而且在当前罪行发生时违反了有条件释放——这削弱了任何关于这是一个“有现实康复前景”的案件的说法。相反,可以说,通过这次冒犯,她终于越界了。由于B.的心理健康而寻求的任何缓解措施都需要根据她的药物滥用进行权衡,“这是她心理健康问题的主要恶化因素”。大流行病的健康危机并不是B犯罪的实质因素。由于她的刑期已被缩短以反映这一考虑,她不能再依靠它来主张缓刑。
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Sexual Concerns
This was a very serious offence that might have attracted a significantly longer term of imprisonment. ‘Threats of violence against public servants doing their duty, particularly involving the use of a firearm, are rightly regarded with revulsion.’ The social workers ‘deserve the full protection of the law’. This episode had plainly had a deeply traumatic effect on the principal victim and an adverse effect on the provision of Social Services generally in that local authority. The fact that this victim had stayed in the house, continuing with her duties until the police arrived, was a measure of her courage and resilience, not a mitigating factor in B.’s favour. Her counsel’s assertion that she posed a low risk of re-offending was contrary to the PSR assessment that had made the point that that B.’s ongoing drug taking made that risk ‘significantly higher’. B. had never before been sentenced to imprisonment. She had had numerous chances to co-operate with probation and to comply with the various community orders which have been made in her case. The fact that she had failed to do so – and was in breach of a conditional discharge at the time of the current offence – ‘undercuts any suggestion that this was a case with “a realistic prospect of rehabilitation” . . . On the contrary, it might be said that by this offending [she] had finally crossed the line’. Any mitigation sought to be derived on account of B.’s mental health needed to be weighed in the light of her drug misuse, ‘the principal exacerbating factor underlying her mental health issues’. The pandemic health crisis had not been a material factor in B.’s crime. As her sentence had been shortened to reflect that consideration, she could not rely on it again to argue for suspension.
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来源期刊
PROBATION JOURNAL
PROBATION JOURNAL CRIMINOLOGY & PENOLOGY-
CiteScore
3.30
自引率
26.70%
发文量
37
期刊最新文献
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