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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To what extent should an offenders background be taken into consideration when sentencing?

83 replies

Bobbyewingshowerscene · 08/05/2025 12:03

I have just listened to BBC Radio 4’s Moral Maze in which the above question is being interrogated by the panelists.
It’s a good listen (as are all the episodes, each considering a different subject) and I will try to post the link.

In my profession I see more than most, the impact of upbringing - or Lived Experience as we call it now- and understand the correlations between poor parenting, absent fathers, poor socio economic conditions, exclusion from school, material/ emotional needs not being met etc as well
as outright abuse and neglect etc.
For this reason we do already have pre- sentencing reports in some cases for judges to consider when sentencing.

However what worries me is if this argument is taken to its full conclusion and ‘Lived experience’ is seen as a mitigating factor in all cases how would this impact on he following :

Abuse of a child where the perp was abused themselves

Domestic violence against an intimate partner by someone who was systematically exposed to this in their own home growing up.

A rapist/ paedophile who was sexually abused as a child/ teen

A mugger of old ladies who has experienced extreme material deprivation all their life

A persistent stalker who has a learning need and attachment issues.

A house burglar/mugger who is funding a substance use issue due to self-
medicating childhood trauma

I mean apart from obvious way this would fail victims and the public at large in terms of reducing risk of sentences were shorter, what about free will and agency.

Would this not actually conversely suggest that people from a challenging background present more of an innate risk to the general public as are less in control than the general population?

OP posts:
MyOliveHelper · 09/05/2025 08:08

Poverty and deprivation is also a protected characteristic. So poor white people would be included in those who have a pre-sentencing report. It would be aimed at those who are disproportionately represented in the CJ system and socially disadvantaged.

Bobbyewingshowerscene · 09/05/2025 09:33

mindutopia · 08/05/2025 14:54

I don’t really think it should be taken into account at all, because surely no one who has done any of the things you’ve named would have no history of adverse life experiences. None of us live in a bubble. Even the most functioning successful person will have some history of trauma or difficulty in life. I say this as a red flag waving lifelong Labour supporter. It doesn’t change the risk someone poses to society, if anything it likely exacerbates it.

Where such things are often accounted for in sentencing is when someone has done something “good” in the past or made a positive contribution to society. For example, I have a family member who was convicted and went to prison for sexually abusing his niece. Part of the sentencing involved the consideration that he had until then (50s), been an upstanding citizen with no prior convictions, was employed, and had been helping the niece’s family practically and financially during the time he was abusing her. Now me personally, I’d probably call some of that grooming 🤔 but apparently, it worked in his favour in sentencing.

Also, speaking as a sociologist, the use of the term “lived experience” isn’t really correct as it’s being used here. It’s probably more accurate to say life experiences or if we’re talking specifically about childhood, we might say adverse childhood experiences (ACEs).

Lived experience means more specifically having a life experience that informs your perspective on an issue. So like if you want to develop a policy on wheelchair use on the tube, you’d talk to engineers and tube drivers and tube users, including those who have lived experience of using a wheelchair. It’s similar, but a subtle difference. It would lead me to believe that whoever was speaking was either quite junior or didn’t really know what they were talking about and was trying to use a big term to sound smart instead of using the normal words all of us would use to talk about these things. Okay, I’m going to get off my soap box now. 😂

In children’s services ‘ACE’s’ Is dated language now.
A Trauna Informed approach to Lived Experience and Voice of the Child more commonplace when referencing ACE’s

OP posts:
ThirdCoffeeThisMorning · 09/05/2025 10:18

It feels like another version of 'be kind'?

I'd consider the evidence of the likelihood of reoffending/how realistic is the change is (based on the actions rather than just words at trial) rather than any difficult early experiences while reviewing sentencing. A lot of victims had difficult lives too, compounded by the effects of the crime/abuse - asking them to empathise with offenders is absurd.

Wintersonata · 09/05/2025 10:30

ilovesooty · Yesterday 13:18

Ablondiebutagoody · Yesterday 12:24
Nice try Kier
His name is Keir.
And that's ridiculous

@ilovesooty do you read every thread on mn just in case someone spells the prime minister’s name wrongly? Why on earth does it matter?

catlovingdoctor · 09/05/2025 10:35

Keirawr · 08/05/2025 12:16

All of the so called ‘nuances’ are basically nonsense excuses to justify the march towards doing away with the entire concept of personal responsibility. Straight out of the Marxist playbook.

It’s always someone else’s fault - parents, neighbours, the dog.

Edited

Agreed

minerva7 · 09/05/2025 10:51

Burntt · 08/05/2025 12:22

I don’t think it should be taken into account when sentencing. Many people suffer horrible childhoods and don’t grow up to perteptuate these patterns in behaviour.

i do however feel VERY strongly we should be tackling adverse childhood experiences as a matter of urgency so our next generations won’t have to have quite so much childhood trauma taken into account. This for me is better education, quality early years support, real robust protection for abused women and children. Reproductive education and access to contraception. Support for special needs and disability. Living wages. Initiatives to get children growing up in poverty out of poverty. Non resident parents being held to account more if they don’t provide financially for their children. And better mental health support for children and adults.

👏👏👏

OonaStubbs · 09/05/2025 12:32

People need to start taking responsibility for themselves, their own lives and their own actions. In all facets of life, not just crime.

MyOliveHelper · 09/05/2025 13:09

OonaStubbs · 09/05/2025 12:32

People need to start taking responsibility for themselves, their own lives and their own actions. In all facets of life, not just crime.

That would mean a lot of women couldn't refer to misogyny and sexism as reasons they were victims of coercive abuse.

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