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Fundamentals Of Sentencing Theory
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Book Synopsis Fundamentals of Sentencing Theory by : Andrew Ashworth
Download or read book Fundamentals of Sentencing Theory written by Andrew Ashworth and published by Oxford Monographs on Criminal. This book was released on 1998 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Monographs on Criminal Law and Justice series covers all aspects of criminal law and procedure including criminal evidence. The scope of the series is wide, encompassing both practical and theoretical works. This volume is a thematic collection of essays on sentencing theory by leading writers. The essays consider several issues affecting the discipline including the underlying justifications for the imposition of punishment by the State, areas of sentencing policy that have given rise to particular difficulty, such as the sentencing of drug offenders, the rationale for discounting sentences for multiple offenders, the existence of special sentencing for young offenders, and cases where the injury done to the victim is of a different magnitude from what might have been expected, and includes various questions about the unequal impact on offenders of different sentencing measures. This volume is dedicated to Professor Andrew von Hirsch, whose continuing work on sentencing theory provided the stimulus for the collection.
Book Synopsis Fundamentals of Criminal Justice: A Sociological View by : Steven E. Barkan
Download or read book Fundamentals of Criminal Justice: A Sociological View written by Steven E. Barkan and published by Jones & Bartlett Publishers. This book was released on 2011-01-28 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: The criminal justice system is a key social institution pertinent to the lives of citizens everywhere. Fundamentals of Criminal Justice: A Sociological View, Second Edition provides a unique social context to explore and explain the nature, impact, and significance of the criminal justice system in everyday life. This introductory text examines important sociological issues including class, race, and gender inequality, social control, and organizational structure and function.
Book Synopsis Fundamentals of Criminological and Criminal Justice Inquiry by : Daniel P. Mears
Download or read book Fundamentals of Criminological and Criminal Justice Inquiry written by Daniel P. Mears and published by Cambridge University Press. This book was released on 2019-02-14 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fundamental introduction on how to think about, do, and evaluate research in the criminology and criminal justice field.
Book Synopsis Fundamentals of Criminal Law by : Andrew Simester
Download or read book Fundamentals of Criminal Law written by Andrew Simester and published by Oxford University Press, USA. This book was released on 2021-02-04 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the philosophical underpinnings of the law's major doctrines concerning actus reus, mens rea, and defences, showing that they are not always driven by culpability but are grounded also in principles of moral responsibility, ascriptive responsibility, and wrongdoing.
Book Synopsis Popular Punishment by : Jesper Ryberg
Download or read book Popular Punishment written by Jesper Ryberg and published by . This book was released on 2014 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should public opinion determine--or even influence--sentencing policy and practice? Should the punishment of criminal offenders reflect what the public regards as appropriate? These deceptively simple questions conceal complex theoretical and methodological challenges to the administration of punishment. In the West, politicians have often answered these questions in the affirmative; penal reforms have been justified with direct reference to the attitudes of the public. This is why the contention that politicians should bridge the gap between the public and criminal justice practice has widespread resonance. Criminal law scholars, for their part, have often been more reluctant to accept public input in penal practice, and some have even held that the idea of consulting public opinion constitutes a populist approach to punishment. The purpose of this book is to examine the moral significance of public opinion for penal theory and practice. For the first time in a single volume the editors, Jesper Ryberg and Julian V. Roberts, have assembled a number of respected criminologists, philosophers, and legal theorists to address the various aspects of why and how public opinion should be reflected in the way the criminal justice system deals with criminals. The chapters address the myriad complexities surrounding this issue by first weighing the justifications for incorporating public views into punishment practices and then considering the various ways this might be achieved through juries, prosecutors, restorative justice programs, and other means.
Book Synopsis Principled Sentencing by : Andreas von Hirsch
Download or read book Principled Sentencing written by Andreas von Hirsch and published by Hart Publishing. This book was released on 2009-03-17 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new, third edition of Principled Sentencing offers students of law, legal philosophy, criminology and criminal justice a wide-ranging selection of the leading scholarship on contemporary sentencing. The volume offers readers critical readings relating to the key moral, philosophical and policy issues in sentencing today. It contains many new readings on subjects that have recently emerged and which have consequences for sentencing in many jurisdictions. The contents of each chapter consists of a selection of readings, some very recent, some more timeless - but each in its own way important to the field. As before, each chapter begins with an introduction by one of the editors accompanied by a selection of further readings. All the chapters have been substantially revised, as have the editorial introductions.
Book Synopsis Censure and Sanctions by : Andrew Von Hirsch
Download or read book Censure and Sanctions written by Andrew Von Hirsch and published by Oxford University Press on Demand. This book was released on 1996-02-08 with total page 133 pages. Available in PDF, EPUB and Kindle. Book excerpt: A number of jurisdictions, including England and Wales after their adoption of the 1991 Criminal Justice Act, require that sentences be `proportionate' to the severity of the crime. This book, written by the leading architect of `just deserts' sentencing theory, discusses how sentences may bescaled proportionately to the gravity of the crime. Topics dealt with include how the idea of a penal censure justifies proportionate sentences; how a penalty scale should be `anchored' to reduce overall punishment levels; how non-custodial penalties should be graded and used; and how politicalpressures impinge on sentencing policies.
Author :Emeritus Professor of Law Susan Easton Publisher :Oxford University Press ISBN 13 :0192863290 Total Pages :593 pages Book Rating :4.1/5 (928 download)
Book Synopsis Sentencing and Punishment by : Emeritus Professor of Law Susan Easton
Download or read book Sentencing and Punishment written by Emeritus Professor of Law Susan Easton and published by Oxford University Press. This book was released on 2022-12-22 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the theory behind the headlines and engaging with current debates, this new edition provides thoughtful, impartial, and unbiased coverage of sentencing and punishment in the UK. Collectively, Susan Easton and Christine Piper are highly experienced teachers and researchers in this field, making them perfectly placed to deliver this lively account of a highly dynamic subject area. The book takes a thorough and systematic approach to sentencing and punishment, examining key topics from legal, philosophical, and practical perspectives. Offering in-depth and detailed coverage, while remaining clear and succinct, the authors deliver a balanced approach to the subject. Chapter summaries, discussion questions, and case studies help students to engage with the subject, apply their knowledge, and reflect upon debates. Fully reworked and restructured, this fifth edition has been updated to include developments such as the Sentencing Act 2020 and changes following the 2019 general election. This is the essential guide for anyone studying sentencing and punishment as part of a law or criminology course.
Book Synopsis Sentencing and Criminal Justice by : Andrew Ashworth
Download or read book Sentencing and Criminal Justice written by Andrew Ashworth and published by Cambridge University Press. This book was released on 2015-08-20 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its sixth edition, Sentencing and Criminal Justice has been extensively rewritten to reflect recent legislation, guidelines and judicial decisions. New material includes comparative sentencing research, which looks at models from other countries in comparison with the approach in England and Wales, and an additional chapter focusing on civil preventive orders and other ancillary orders. Written with clarity of expression coupled with critical analysis, this textbook offers an unrivalled combination of expertise, accessibility and coverage. This is the essential text for anyone interested in criminal justice.
Book Synopsis Crime and Punishment by : Hyman Gross
Download or read book Crime and Punishment written by Hyman Gross and published by Oxford University Press. This book was released on 2012-01-12 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting an engaging critique of current criminal justice practice in the UK and USA, this book introduces central questions of criminal law theory. It develops a forceful argument that the prevailing justifications for punishment are misguided, and have resulted in the systematic infliction of unnecessary human misery.
Book Synopsis Sentencing in International Criminal Law by : Silvia D'Ascoli
Download or read book Sentencing in International Criminal Law written by Silvia D'Ascoli and published by Bloomsbury Publishing. This book was released on 2011-04-01 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with sentencing in international criminal law, focusing on the approach of the UN ad hoc Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). In contrast to sentencing in domestic jurisdictions, and in spite of its growing importance, sentencing law is a part of international criminal law that is still 'under construction' and is unregulated in many aspects. International sentencing law and practice is not yet defined by exact norms and principles and as yet there is no body of international principles concerning the determination of sentence, notwithstanding the huge volume of sentencing research and the extensive modern debate about sentencing principles. Moreover international judges receive very little guidance in sentencing matters: this contributes to inconsistencies and may increase the risk that similar cases will be sentenced in different ways. One purpose of this book is to investigate and evaluate the process of international sentencing, especially as interpreted by the ICTY and the ICTR, and to suggest a more comprehensive and coherent system of guiding principles, which will foster the development of a law of sentencing for international criminal justice. The book discusses the law and jurisprudence of the ad hoc Tribunals, and also presents an empirical analysis of influential factors and other data from ICTY and ICTR sentencing practice, thus offering quantitative support for the doctrinal analysis. This publication is one of the first to be entirely devoted to the process of sentencing in international criminal justice. The book will thus be of great interest to practitioners, academics and students of the subject.
Book Synopsis The Future of Imprisonment by : Michael Tonry
Download or read book The Future of Imprisonment written by Michael Tonry and published by Oxford University Press. This book was released on 2004-04-08 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The imprisonment rate in America has grown by a factor of five since 1972. In that time, punishment policies have toughened, compassion for prisoners has diminished, and prisons have gotten worse-a stark contrast to the origins of the prison 200 years ago as a humanitarian reform, a substitute for capital and corporal punishment and banishment. So what went wrong? How can prisons be made simultaneously more effective and more humane? Who should be sent there in the first place? What should happen to them while they are inside? When, how, and under what conditions should they be released? The Future of Imprisonment unites some of the leading prisons and penal policy scholars of our time to address these fundamental questions. Inspired by the work of Norval Morris, the contributors look back to the past twenty-five years of penal policy in an effort to look forward to the prison's twenty-first century future. Their essays examine the effects of current high levels of imprisonment on urban neighborhoods and the people who live in them. They reveal how current policies came to be as they are and explain the theories of punishment that guide imprisonment decisions. Finally, the contributors argue for the strategic importance of controls on punishment including imprisonment as a limit on government power; chart the rise and fall of efforts to improve conditions inside; analyze the theory and practice of prison release; and evaluate the tricky science of predicting and preventing recidivism. A definitive guide to imprisonment policies for the future, this volume convincingly demonstrates how we can prevent crime more effectively at lower economic and human cost.
Book Synopsis Deserved Criminal Sentences by : Andreas von Hirsch
Download or read book Deserved Criminal Sentences written by Andreas von Hirsch and published by Bloomsbury Publishing. This book was released on 2017-02-09 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an accessible and systematic restatement of the desert model for criminal sentencing by one of its leading academic exponents. The desert model emphasises the degree of seriousness of the offender's crime in deciding the severity of his punishment, and has become increasingly influential in recent penal practice and scholarly debate. It explains why sentences should be based principally on crime-seriousness, and addresses, among other topics, how a desert-based penalty scheme can be constructed; how to gauge punishments' seriousness and penalties' severity; what weight should be given to an offender's previous convictions; how non-custodial sentences should be scaled; and what leeway there might be for taking other factors into account, such as an offender's need for treatment. The volume will be of interest to all those working in penal theory and practice, criminal sentencing and the criminal law more generally.
Book Synopsis Mitigation and Aggravation at Sentencing by : Julian V. Roberts
Download or read book Mitigation and Aggravation at Sentencing written by Julian V. Roberts and published by Cambridge University Press. This book was released on 2011-08-25 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative volume explores a fundamental issue in the field of sentencing: the factors which make a sentence more or less severe. All sentencing systems allow courts discretion to consider mitigating and aggravating factors, and many legislatures have placed a number of such factors on a statutory footing. Yet many questions remain regarding the theory and practice of mitigation and aggravation. Drawing on legal and sociological perspectives and examining mitigation and aggravation in various jurisdictions, the essays provide practical illustrations of specific factors as well as theoretical justifications. After the foreword by Andrew von Hirsch, a number of contributors address broad conceptual issues raised at sentencing. These contributions are followed by several empirical chapters including an exploration of personal mitigation in English courts. The authors are leading scholars from a range of common law jurisdictions including England and Wales, the United States, Canada, Australia, New Zealand and South Africa.
Book Synopsis Liberal Criminal Theory by : A P Simester
Download or read book Liberal Criminal Theory written by A P Simester and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book celebrates Andreas (Andrew) von Hirsch's pioneering contributions to liberal criminal theory. He is particularly noted for reinvigorating desert-based theories of punishment, for his development of principled normative constraints on the enactment of criminal laws, and for helping to bridge the gap between Anglo-American and German criminal law scholarship. Underpinning his work is a deep commitment to a liberal vision of the state. This collection brings together a distinguished group of international authors, who pay tribute to von Hirsch by engaging with topics on which he himself has focused. The essays range across sentencing theory, questions of criminalisation, and the relation between criminal law and the authority of the state. Together, they articulate and defend the ideal of a liberal criminal justice system, and present a fitting accolade to Andreas von Hirsch's scholarly life.
Book Synopsis Sentencing and Human Rights by : Sarah Summers
Download or read book Sentencing and Human Rights written by Sarah Summers and published by Oxford University Press. This book was released on 2022-11-04 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. There has been little sustained consideration of the ways in which human rights act to safeguard the individual from substantive unfairness or injustice in the imposition of punishment. Human rights might be expected to play a pivotal role at the sentencing stage, regulating the process and substance of sentencing, mapping out the state's role, and affording it legitimacy in the imposition of punishment. The traditional view that sentencing theory is best understood as a branch of moral philosophy has obscured the importance of consideration of the special nature of state punishment as mediated by and through law and the significance of human rights principles, notably legality, proportionality, equality, and judicial responsibility for the determination of the sentence. Sarah Summers focusses on sentencing practices which are widespread across Europe and indeed further afield and their compatibility with constitutional or human rights principles. Sentencing and Human Rights develops a systematic account of the importance of human rights principles at sentencing stage. Consideration of these principles provides the basis for an examination of the way in which they might be expected to limit important sentencing practices, such as the imposition of aggravated sentences for previous convictions, the treatment of confessions and mandatory minimum sentences. It is not just that punishment follows a multitude of aims but rather that the balance of these aims may, and in the context of lengthy prison sentences almost certainly will, change during the sentence. This examination of the human rights limits on the sentence suggests that it might be necessary to reconsider the way in which state punishment is conceptualised in sentencing theory.
Book Synopsis Punishment, Communication, and Community by : R. A. Duff
Download or read book Punishment, Communication, and Community written by R. A. Duff and published by Oxford University Press. This book was released on 2003-05-15 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of particular modes of punishment, but about the very legitimacy of the whole penal system. Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; answers that try to identify some beneficial consequences in terms of which punishment might be justified; as well as abolitionist answers telling us that we should seek to abolish, rather than to justify, criminal punishment. This book begins with a critical survey of recent trends in penal theory, but goes on to develop an original account (based on Duff's earlier Trials and Punishments) of criminal punishment as a mode of moral communication, aimed at inducing repentance, reform, and reconciliation through reparation-an account that undercuts the traditional controversies between consequentialist and retributivist penal theories, and that shows how abolitionist concerns can properly be met by a system of communicative punishments. In developing this account, Duff articulates the "liberal communitarian" conception of political society (and of the role of the criminal law) on which it depends; he discusses the meaning and role of different modes of punishment, showing how they can constitute appropriate modes of moral communication between political community and its citizens; and he identifies the essential preconditions for the justice of punishment as thus conceived-preconditions whose non-satisfaction makes our own system of criminal punishment morally problematic. Punishment, Communication, and Community offers no easy answers, but provides a rich and ambitious ideal of what criminal punishment could be-an ideal of what criminal punishment cold be-and ideal that challenges existing penal theories as well as our existing penal theories as well as our existing penal practices.
