HUMAN RIGHTS, DUE PROCESS AND SENTENCING

Abstract

The aim of this paper is to examine the arguments for adopting a rights-based approach to the analysis of the sentencing process rather than the traditional crime control and due process models developed by Packer (1968). An attempt is also made to further the theoretical debate by suggesting how Giddens's theory of structuration could fruitfully be extended to provide an appropriate theoretical context for the analysis of rights in the sentencing process.