Sentencing as craftwork and the binary epistemologies of the discretionary decision process

This article contends that it is time to take a critical look at a series of binary categories which have dominated the scholarly and reform epistemologies of the sentencing decision process. These binaries are: rules versus discretion; reason versus emotion; offence versus offender; normative principles versus incoherence; aggravating versus mitigating factors; and aggregate/tariff consistency versus individualized sentencing. These binaries underpin both the 'legal-rational' tradition (by which I mean a view of discretion as inherently suspect, a preference for the use of philosophy of punishment justifications and an explanation of the decision process through factors or variables), and also the more recent rise of the 'new penology'. Both approaches tend to rely on 'top-down' assumptions of change, which pay limited attention to the agency of penal workers. The article seeks to develop a conception of sentencing craftwork as a social and interpretive process.1 In so doing, it applies and develops a number of Kritzer's observations (in this issue) about craftwork to sentencing. These craftwork observations are: problem solving (applied to the rules - discretion and reason - emotion dichotomies); skills and techniques (normative penal principles and the use of cognitive analytical assumptions); consistency (tariff versus individualized sentencing); clientele (applied to account giving and the reality of decision making versus expression). By conceiving of sentencing as craftwork, the binary epistemologies of the sentencing decision process, which have dominated (and limited) the scholarly and policy sentencing imaginations, are revealed as dynamic, contingent, and synergistic. However, this is not to say that such binaries are no more than empty rhetoric concealing the reality of the decision process. Rather, these binaries serve as crucial legitimating reference points in the vocabulary of sentencing account giving

Three temperate Neptunes orbiting nearby stars

We present the discovery of three modestly irradiated, roughly Neptune-mass planets orbiting three nearby Solartype stars. HD 42618 b has a minimum mass of 15.4±2.4 M⊕, a semimajor axis of 0.55 au, an equilibrium temperature of 337 K, and is the first planet discovered to orbit the solar analogue host star, HD 42618. We also discover new planets orbiting the known exoplanet host stars HD 164922 and HD 143761 (p CrB). The new planet orbiting HD 164922 has a minimum mass of 12.9±1.6 M⊕ and orbits interior to the previously known Jovian mass planet orbiting at 2.1 au. HD 164922 c has a semimajor axis of 0.34 au and an equilibrium temperature of 418 K. HD 143761 c orbits with a semimajor axis of 0.44 au, has a minimum mass of 25±2 M⊕, and is the warmest of the three new planets with an equilibrium temperature of 445 K. It orbits exterior to the previously known warm Jupiter in the system. A transit search using space-based CoRoT data and ground-based photometry from the Automated Photometric Telescopes (APTs) at Fairborn Observatory failed to detect any transits, but the precise, high-cadence APT photometry helped to disentangle planetary-reflex motion from stellar activity. These planets were discovered as part of an ongoing radial velocity survey of bright, nearby, chromospherically inactive stars using the Automated Planet Finder (APF) telescope at Lick Observatory. The high-cadence APF data combined with nearly two decades of radial velocity data from Keck Observatory and gives unprecedented sensitivity to both short-period low-mass, and long-period intermediate-mass planets