Short prison sentences: Analysing their effectiveness, appropriateness, and necessity in England and Wales

This paper revisits the long-standing debate surrounding the use of short prison sentences, with a focus on England and Wales. Drawing from over 170 years of historical and empirical discussions, it critically assesses short sentences in terms of their effectiveness, appropriateness, and necessity w...

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Autor principal: Caro , Matías Alejandro
Formato: Artículo revista
Lenguaje:Español
Publicado: Universidad Católica de Córdoba 2025
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Acceso en línea:https://revistas.bibdigital.uccor.edu.ar/index.php/RFD/article/view/6064
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Sumario:This paper revisits the long-standing debate surrounding the use of short prison sentences, with a focus on England and Wales. Drawing from over 170 years of historical and empirical discussions, it critically assesses short sentences in terms of their effectiveness, appropriateness, and necessity within the criminal justice system. The analysis demonstrates that while short sentences are largely ineffective in reducing reoffending when compared to alternatives such as community and suspended sentence orders, methodological limitations and contextual variables complicate this conclusion. Furthermore, it is argued that short sentences are inappropriate due to the harmful consequences of imprisonment and its limited rehabilitative potential. Nevertheless, their continued use persists, grounded in their marginal necessity to address prolific offending and ensuring consistency in sentencing practices.