Honorary Fellow

LLB (Hons), LLM, MSc, MJur (Dunelm), PhD (Edin), Dip LP, Cert FMS, Solicitor
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Biography

Dr Graeme Brown is a solicitor and Judicial Assistant to the Court of Criminal Appeal (Scottish Courts and Tribunals Service).  He is a graduate of the Universities of Aberdeen (LLB (Hons), Dip LP), Northumbria (LLM with Distinction in Advanced Legal Practice), Glasgow and Strathclyde (MSc with Distinction in Criminal Justice), Durham (MJur) and Edinburgh (PhD).  He also holds a Certificate in Forensic Medicine and Science from the Division of Pathology, University of Edinburgh.  Both his MJur and PhD theses were passed without corrections.  His PhD thesis on judicial decision making in sentencing was supported by a studentship from the Scottish Centre for Crime and Justice Research (http://www.sccjr.ac.uk).  It reported the results of an interview-based study with 25 serving Scottish judges and comprised the first empirical study of judicial sentencing in Scotland in a decade.

Dr Brown has lectured on sentencing at judicial training events and at seminars for the legal profession in Scotland.  He has previously been a guest lecturer at the University of Strathclyde and is currently an occasional lecturer in law at Glasgow Caledonian University.  Dr Brown is a regular contributor on sentencing issues in the practitioners’ journal Green’s Criminal Law Bulletin, in which he has authored over 25 articles, and has also published in the Criminal Law Review.  His monograph, Criminal Sentencing as Practical Wisdom, was published by Hart in 2017.

Qualifications

LLB (Hons), Dip LP (Aberdeen), LLM (Dist) (Northumbria), MSc (Dist) (Glasgow & Strathclyde), MJur (Durham, Van Mildert College), PhD, Cert FMS (Edinburgh).

Current Research Interests

Sentencing (domestic and comparative approaches); judicial decision making; philosophy of punishment; legal theory; criminal law. 

Biography

Dr Graeme Brown is a solicitor and Judicial Assistant to the Court of Criminal Appeal (Scottish Courts and Tribunals Service).  He is a graduate of the Universities of Aberdeen (LLB (Hons), Dip LP), Northumbria (LLM with Distinction in Advanced Legal Practice), Glasgow and Strathclyde (MSc with Distinction in Criminal Justice), Durham (MJur) and Edinburgh (PhD).  He also holds a Certificate in Forensic Medicine and Science from the Division of Pathology, University of Edinburgh.  Both his MJur and PhD theses were passed without corrections.  His PhD thesis on judicial decision making in sentencing was supported by a studentship from the Scottish Centre for Crime and Justice Research (http://www.sccjr.ac.uk).  It reported the results of an interview-based study with 25 serving Scottish judges and comprised the first empirical study of judicial sentencing in Scotland in a decade.

Dr Brown has lectured on sentencing at judicial training events and at seminars for the legal profession in Scotland.  He has previously been a guest lecturer at the University of Strathclyde and is currently an occasional lecturer in law at Glasgow Caledonian University.  Dr Brown is a regular contributor on sentencing issues in the practitioners’ journal Green’s Criminal Law Bulletin, in which he has authored over 25 articles, and has also published in the Criminal Law Review.  His monograph, Criminal Sentencing as Practical Wisdom, was published by Hart in 2017.

Books and Reports

Graeme Brown, Criminal Sentencing as Practical Wisdom, (Hart Publishing, 2017)
Abstract: How do judges sentence? In particular, how important is judicial discretion in sentencing? Sentencing guidelines are often said to promote consistency, but is consistency in sentencing achievable or even desirable? Whilst the passing of a sentence is arguably the most public stage of the criminal justice process, there have been few attempts to examine judicial perceptions of, and attitudes towards, the sentencing process.Through interviews with Scottish judges and by presenting a comprehensive review and analysis of recent scholarship on sentencing - including a comparative study of UK, Irish and Commonwealth sentencing jurisprudence - this book explores these issues to present a systematic theory of sentencing. Through an integration of the concept of equity as particularised justice, the Aristotelian concept of phronesis (or 'practical wisdom'), the concept of value pluralism, and the focus of appellate courts throughout the Commonwealth on sentencing by way of 'instinctive synthesis' it is argued that judicial sentencing methodology is best viewed in terms of a phronetic synthesis of the relevant facts and circumstances of the particular case. The author concludes that sentencing is best conceptualised as a form of case-orientated, concrete and intuitive decision making; one that seeks individualisation through judicial recognition of the profoundly contextualised nature of the process.

Articles

Graeme Brown, 'Sentence discounting in England and Scotland – some observations on the use of comparative authority in sentence appeals ', (2013), Criminal Law Review, Vol 8, pp 674 - 677