22 research outputs found

    Past as Prologue: Reconciling Recidivism and Culpability

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    Commissioner

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    *while serving at the U.S. Sentencing CommissionThe “first offender ” philosophy in sentencing policy generally encourages lower sentences for offenders who have little or no prior criminal conduct. This philosophy, which can be derived directly from the guidelines ’ Chapter Four introductory commentary, postulates that first offenders are less culpable and less likely to re-offend. As such, they are deserving of reduced punishment. Congress itself in the Sentencing Reform Act of 1984 promotes the first offender philosophy, citing the relevance of reduced sentencing levels for first offenders under the federal sentencing guidelines. 1 Under federal sentencing guidelines, offenders with the least number of prior criminal convictions are classified into Criminal History Category I (“CHC I”). As developed by the initial Commissioners, CHC I is more broadly defined than “first offenders. ” While offenders with zero criminal history points are included, CHC I also applies to offenders with a prior conviction receiving one criminal history point. Further, any offender in CHC I may have one or multiple additional prior convictions if such convictions are excluded from receiving points under the Chapter Four definitions. Following the adoption of federal sentencing guidelines in 1987, the U.S. Sentencin

    Choice and birth method: mixed-method study of caesarean delivery for maternal request

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    Objective  To explore whether women view decision-making surrounding vaginal or caesarean birth as their choice. Design  Longitudinal cohort study utilising quantitative (questionnaire, routinely collected data) and qualitative (in-depth interviews) methods simultaneously. Setting  A large hospital providing National Health Service maternity care in the UK. Sample  Four-hundred and fifty-four primigravid women. Methods  Women completed up to three questionnaires between their antenatal booking appointment and delivery. Amongst these women, 153 were interviewed at least once during pregnancy (between 24 and 36 weeks) and/or after 12 moths after birth. Data were also obtained from women’s hospital delivery records. Descriptive statistical analysis was performed (survey and delivery data). Interview data were analysed using a seven-stage sequential form of qualitative analysis. Results  Whilst many women supported the principle of choice, they identified how, in practice their autonomy was limited by individual circumstance and available care provision. All women felt that concerns about their baby’s or their own health should take precedence over personal preference. Moreover, expressing a preference for either vaginal or caesarean birth was inherently problematic as choice until the time of delivery was neither static nor final. Women did not have autonomous choice over their actual birth method, but neither did they necessarily want it. Conclusions  The results of this large exploratory study suggest that choice may not be the best concept through which to approach the current arrangements for birth in the UK. Moreover, they challenge the notion of choice that currently prevails in international debates about caesarean delivery for maternal request
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