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Sentencing And Human Rights
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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 Long-Term Imprisonment and Human Rights by : Kirstin Drenkhahn
Download or read book Long-Term Imprisonment and Human Rights written by Kirstin Drenkhahn and published by Routledge. This book was released on 2014-07-11 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prisons and imprisonment have become a commonplace topic in popular culture as the setting and rationale for fiction and documentaries and most people seem to have a clear notion of what it is like in prison, ranging from the idea of the prison cell as a cosy nook with fast internet access to that of a dungeon with a hard bed and a diet of bread and water. But what is prison really like? Do prisoners have the same rights as everyone else? What are the similarities and differences between prisons in different European countries? This book answers all of these questions, whilst also presenting cutting-edge research on the living conditions of long-term prisoners in Europe and considering whether these conditions meet international human rights standards. Bringing together leading experts in the field, with comprehensive coverage of the issues in Belgium, Croatia, Denmark, England, Finland, France, Germany, Lithuania, Poland, Spain and Sweden, this book offers the first comparative study on the subject. Whereas past research in this area has concentrated on the Anglo-American experience, this book offers a truly comparative European approach and pays due attention to the differences in prison systems between the post-Soviet countries and continental Europe. This book will be key reading for academics and students of criminology, criminal justice and penology and will also be of interest to students and practitioners of law.
Book Synopsis Life Imprisonment by : Dirk van Zyl Smit
Download or read book Life Imprisonment written by Dirk van Zyl Smit and published by Harvard University Press. This book was released on 2019-01-14 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Life imprisonment has replaced the death penalty as the most common sentence imposed for heinous crimes worldwide. Consequently, it has become the leading issue of international criminal justice reform. In the first survey of its kind, Dirk van Zyl Smit and Catherine Appleton argue for a human rights–based reappraisal of this harsh punishment.
Book Synopsis Life Imprisonment and Human Rights by : Dirk van Zyl Smit
Download or read book Life Imprisonment and Human Rights written by Dirk van Zyl Smit and published by Bloomsbury Publishing. This book was released on 2016-12-01 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many jurisdictions today, life imprisonment is the most severe penalty that can be imposed. Despite this, it is a relatively under-researched form of punishment and no meaningful attempt has been made to understand its full human rights implications. This important collection fills that gap by addressing these two key questions: what is life imprisonment and what human rights are relevant to it? These questions are explored from the perspective of a range of jurisdictions, in essays that draw on both empirical and doctrinal research. Under the editorship of two leading scholars in the field, this innovative and important work will be a landmark publication in the field of penal studies and human rights.
Book Synopsis Human Rights and Criminal Justice by : Ben Emmerson
Download or read book Human Rights and Criminal Justice written by Ben Emmerson and published by Sweet & Maxwell. This book was released on 2012 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: A survey of Czech business law, tax and accounting regulations. The political, legal and economic systems of the Republic are outlined.
Book Synopsis Capitalist Punishment by : Alex Friedman
Download or read book Capitalist Punishment written by Alex Friedman and published by SCB Distributors. This book was released on 2010-04-28 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over 100,000 people in the U.S. are incarcerated in prisons owned and operated by private corporations--a booming business. But how are the human rights of prisoners and prison employees affected when prisons are run for profit? An accomplished group of human rights writers and activists explores the historical, political and economic context of private prisons: * How are prisoners' lives affected by privatization? * How does it impact prison labor and prison employees? * How and why are private prisons becoming transnational? * Are women, children, and African and Native Americans affected differently from other populations? * How is privatization connected to the war on drugs, the criminalization of poverty and 'tough on crime' politics? The preface is by Sir Nigel Rodley, Professor of Law at the University of Essex; former United Nations Special Rapporteur for Torture; and knighted in 1999 for recognition of services to human rights and international law.
Book Synopsis Criminal Punishment and Human Rights: Convenient Morality by : Adnan Sattar
Download or read book Criminal Punishment and Human Rights: Convenient Morality written by Adnan Sattar and published by Routledge. This book was released on 2019-03-05 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the relationship between international human rights discourse and the justifi cations for criminal punishment. Using interdisciplinary discourse analysis, it exposes certain paradoxes that underpin the ‘International Bill of Human Rights’, academic commentaries on human rights law, and the global human rights monitoring regime in relation to the aims of punishment in domestic penal systems. It argues that human rights discourse, owing to its theoretical kinship with Kantian philosophy, embodies a paradoxical commitment to human dignity on the one hand, and retributive punishment on the other. Further, it sustains the split between criminal justice and social justice, which results in a sociologically ill-informed understanding of punishment. Human rights discourse plays a paradoxical role vis-à-vis the punitive power of the state as it seeks to counter criminalisation in some areas and backs the introduction of new criminal offences – and longer prison sentences – in others. The underlying priorities, it is argued, have been shaped by a number of historical circumstances. Drawing on archival material, the study demonstrates that the international penal discourse produced during the late nineteenth and early twentieth century laid greater emphasis on offender rehabilitation and was more attentive to the social context of crime than is the case with the modern human rights discourse.
Book Synopsis Confronting Capital Punishment in Asia by : Roger Hood
Download or read book Confronting Capital Punishment in Asia written by Roger Hood and published by Oxford University Press. This book was released on 2013-11 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the continued use of capital punishment in Asia and the reasons behind its retention. Various contributions offer insights into the politics, practice and public opinion of Asian capital punishment
Book Synopsis Women, Punishment and Social Justice by : Margaret Malloch
Download or read book Women, Punishment and Social Justice written by Margaret Malloch and published by Routledge. This book was released on 2013-02-15 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: The prison has often been the focus for concerns about human rights violations, and campaigns aimed at achieving social justice, for those with an interest in the criminalisation of women. To reduce the number of women imprisoned, a range of policy initiatives have been developed to increase the use of community-based responses to women in conflict with the law. These initiatives have tended to operate alongside reforms to the prison estate and are often defined as ‘community punishment’, ‘community sanctions’ and ‘alternatives to imprisonment’. This book challenges the contention that improved regimes and provisions within the criminal justice system are capable of addressing human rights concerns and the needs of the criminalised woman. This book aims to provide a critical analysis of approaches and experiences of penal sanctions, human rights and social justice as enacted in different jurisdictions within and beyond the UK. Drawing on international knowledge and expertise, the contributors to this book challenge the efficacy of gender-responsive interventions by examining issues affecting women in the criminal justice system such as mental health, age, and ethnicity. Crucially, the book will engage with the paradox of implementing rights within a largely punishment-orientated system. This book will be of interest to those taking undergraduate and post-graduate courses that examine punishment, gender and justice, and which lend themselves to an international / comparative aspect such as criminal justice/criminology, (international) criminal justice courses; sociology as well as professional training for practitioners (criminal justice, social work, health) who work with women in the criminal justice system.
Book Synopsis Sentencing by : Gerhard O. W. Mueller
Download or read book Sentencing written by Gerhard O. W. Mueller and published by Charles C. Thomas Publisher. This book was released on 1977 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Right to Be Punished by : Gabriel Hallevy
Download or read book The Right to Be Punished written by Gabriel Hallevy and published by Springer Science & Business Media. This book was released on 2012-10-12 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does an offender have the right to be punished? "The right to be punished" may sound like an oxymoron, but it is not necessarily so. With the emergence of modern criminal law, the offender gained the right to be punished by rational criminal law rather than being lynched by an angry mob. The present-day offender may have the right to be punished by doctrinal sentencing rather than being subjected to verdicts based on vague, unclear, and uncertain principles. In modern criminal law, the imposition of criminal liability follows accurate and strict rules, whereas there are no similar rules for the imposition of punishment. The process of sentencing is vague and obscure, as are the considerations used for the imposition of punishments. The objective of the present book is to propose a comprehensive, general, and legally sophisticated theory of modern doctrinal sentencing. The challenges of such a legal theory are plenty and complex. In addition to increasing clarity and certainty, modern doctrinal sentencing must deal with modern types of delinquency (e.g. organized crime, recidivism, corporate offenders, high-tech offenses, etc.) and modern principles of criminal law. Modern doctrinal sentencing must serve to ensure optimal sentencing.
Author :Michael Tonry Director of the Institute of Criminology University of Cambridge Publisher :Oxford University Press, USA ISBN 13 :0199774544 Total Pages :454 pages Book Rating :4.1/5 (997 download)
Book Synopsis Sentencing and Sanctions in Western Countries by : Michael Tonry Director of the Institute of Criminology University of Cambridge
Download or read book Sentencing and Sanctions in Western Countries written by Michael Tonry Director of the Institute of Criminology University of Cambridge and published by Oxford University Press, USA. This book was released on 2001-03-12 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of original essays surveys the evolution of sentencing policies and practices in Western countries over the past twenty-five years. Contributors address plea-bargaining, community service, electronic monitoring, standards of use of incarceration, and legal perspectives on sentencing policy developments, among other topics. Sentencing and Sanctions in Western Countries provides a range of scholars and students excellent cross-national knowledge of sentencing laws and practices, when and why they have changed over time, and with what effects.
Book Synopsis Sentencing and Sanctions in Western Countries by : Michael Tonry
Download or read book Sentencing and Sanctions in Western Countries written by Michael Tonry and published by Oxford University Press. This book was released on 2001-05-31 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of original essays surveys the evolution of sentencing policies and practices in Western countries over the past twenty-five years. Contributors address plea-bargaining, community service, electronic monitoring, standards of use of incarceration, and legal perspectives on sentencing policy developments, among other topics. Sentencing and Sanctions in Western Countries provides a range of scholars and students excellent cross-national knowledge of sentencing laws and practices, when and why they have changed over time, and with what effects.
Download or read book The Long Term written by Alice Kim and published by Haymarket Books. This book was released on 2018-10-09 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: The voices of those experiencing life in the long term are often not heard. This collection of essays and personal stories from the people most impacted by long-term incarceration in Statesville Prison bring light to the crisis of mass incarceration and the human cost of excessive sentencing. Compelling, moving narratives from those most affected by the prison industrial complex make a compelling case that death by incarceration is cruel and unusual punishment. Implemented in the 1990’s and 2000’s harsh sentencing policies, commonly labeled “tough on crime,” became a bipartisan political agenda. These policies had real impacts on families and communities, particularly as they caused the removal of many non-white and poor individuals from cities like Chicago. The Long Term brings into the light what has previously been hidden, a counter-narrative to the tough on crime agenda and an urgent plea for a more humane criminal justice system. The book is a critical contribution to the current debate around challenging the mass incarceration and ending mandatory sentencing, especially for non-violent offenders.
Book Synopsis When I Die, They'll Send Me Home by : Human Rights Watch (Organization)
Download or read book When I Die, They'll Send Me Home written by Human Rights Watch (Organization) and published by Human Rights Watch. This book was released on 2008 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: Methodology -- Recommendations -- To the Governor of California -- To the California State Legislature -- To state and county officials -- To state judges -- To California District Attorneys -- To defense attorneys -- Teenagers sentenced to die in California prisons -- Why youth are serving life without parole in California -- Crimes that result in a life without parole sentence -- Unjust results -- Many youth sentenced to life without parole did not actually kill -- The worst racial disparity in the nation -- County sentencing practices differ -- Influence of peers -- Adult codefendants -- Legal representation that compromises justice -- The late teens and early twenties : a dramatic period for personal growth -- Teens' unique potential for change -- Personal experience of change -- Life inside prison -- Fear and violence -- Barriers to rehabilitative opportunities -- The financial cost of sentencing youth to life without parole in California -- The perspectives of victims -- What those serving life without parole want to say to the families of their victims.
Book Synopsis Human Rights in Pre-trial Detention by : Chandr Mohan Upadhyay
Download or read book Human Rights in Pre-trial Detention written by Chandr Mohan Upadhyay and published by APH Publishing. This book was released on 1999 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Fundamental Rights and Legal Consequences of Criminal Conviction by : Sonja Meijer
Download or read book Fundamental Rights and Legal Consequences of Criminal Conviction written by Sonja Meijer and published by Bloomsbury Publishing. This book was released on 2019-06-27 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal position of convicted offenders is complex, as are the social consequences that can result from a criminal conviction. After they have served their sentences, custodial or not, convicted offenders often continue to be subject to numerous restrictions, in many cases indefinitely, due to their criminal conviction. In short, criminal convictions can have adverse legal consequences that may affect convicted offenders in several aspects of their lives. In turn, these legal consequences can have broader social consequences. Legal consequences are often not formally part of the criminal law, but are regulated by different areas of law, such as administrative law, constitutional law, labour law, civil law, and immigration law. For this reason, they are often obscured from judges as well as from defendants and their legal representatives in the courtroom. The breadth, severity and longevity and often hidden nature of these restrictions raises the question of whether offenders' fundamental rights are sufficiently protected. This book explores the nature and extent of the legal consequences of criminal convictions in Europe, Australia and the USA. It addresses the following questions: What legal consequences can a criminal conviction have? How do these consequences affect convicted offenders? And how can and should these consequences be limited by law?
