Sentencing And The Legitimacy Of Trial Justice

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Sentencing and the Legitimacy of Trial Justice

Author : Ralph Henham
Publisher : Routledge
ISBN 13 : 1136657436
Total Pages : 425 pages
Book Rating : 4.1/5 (366 download)

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Book Synopsis Sentencing and the Legitimacy of Trial Justice by : Ralph Henham

Download or read book Sentencing and the Legitimacy of Trial Justice written by Ralph Henham and published by Routledge. This book was released on 2013-03-01 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the under-researched relationship between sentencing and the legitimacy of punishment. It argues that there is an increasing gap between what is perceived as legitimate punishment and the sentencing decisions of the criminal courts. Drawing on a wide variety of empirical research evidence, the book explores how sentencing could be developed within a more socially-inclusive framework for the delivery of trial justice. In the international context, such developments are directly relevant to the future role of the International Criminal Court, especially its ability to deliver more coherent and inclusive trial outcomes that contribute to social reconstruction. Similarly, in the national context, these issues have a vital role to play in helping to re-position trial justice as a credible cornerstone of criminal justice governance where social diversity persists. In so doing the book should help policy-makers in appreciating the likely implications for criminal trials of ‘mainstreaming’ restorative forms of justice. Sentencing and the Legitimacy of Trial Justice firmly ties the issue of legitimacy to the relevant context for delivering ‘justice’. It suggests a need to develop the tools and methods for achieving this and offers some novel solutions to this complex problem. This book will be a valuable resource for graduate students, academics, practitioners and policy makers in the field of criminal justice as well as scholars interested in socio-legal and cross-disciplinary approaches to the analysis of criminal process and sentencing and the development of theory and comparative methodology in this area.

Tried and Convicted

Author :
Publisher : Rowman & Littlefield
ISBN 13 : 1442217189
Total Pages : 179 pages
Book Rating : 4.4/5 (422 download)

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Book Synopsis Tried and Convicted by :

Download or read book Tried and Convicted written by and published by Rowman & Littlefield. This book was released on 2012 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Guidelines Manual

Author : United States Sentencing Commission
Publisher :
ISBN 13 :
Total Pages : 68 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Guidelines Manual by : United States Sentencing Commission

Download or read book Guidelines Manual written by United States Sentencing Commission and published by . This book was released on 1988-10 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Sentencing Policy and Social Justice

Author : Ralph Henham
Publisher : Oxford University Press
ISBN 13 : 0191029033
Total Pages : 321 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Sentencing Policy and Social Justice by : Ralph Henham

Download or read book Sentencing Policy and Social Justice written by Ralph Henham and published by Oxford University Press. This book was released on 2018-02-09 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sentencing Policy and Social Justice argues that the promotion of social justice should become a key objective of sentencing policy, advancing the argument that the legitimacy of sentencing ultimately depends upon the strength of the relationship between social morality and penal ideology. It sheds light on how shared moral values can influence sentencing policy at a time when relationships of community appear increasingly fragmented, arguing that sentencing will be better placed to make a positive contribution to social justice if it becomes more sensitive to the commonly-accepted moral boundaries that underpin adherence to the 'rule of law'. The need to reflect public opinion in sentencing has received significant attention more recently, with renewed interest in jury sentencing, 'stakeholder sentencing', and the involvement of community views when regulating policy. The author, however, advocates a different approach, combining a new theoretical focus with practical suggestions for reform, and arguing that the contribution sentencing can make to social justice necessitates a fundamental change in the way shared values about the advantages of punishment are reflected in penal ideology and sentencing policy. Using examples from international, comparative and domestic contexts to advance the moral and ethical case for challenging the existing theories of sentencing, the book develops the author's previous theoretical ideas and outlines how these changes could be given practical shape within the context of sentencing in England and Wales. It assesses the consequences for penal governance due to increased state regulation of discretionary sentencing power and examines the prospects for achieving the kind of moral transformation regarded as necessary to reverse such a move. To illustrate these issues each chapter focuses on a particularly problematic area for contemporary sentencing policy; namely, the sentencing of women; the sentencing of irregular migrants; sentencing for offences of serious public disorder; and sentencing for financial crime.

United States Attorneys' Manual

Author : United States. Department of Justice
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (191 download)

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Book Synopsis United States Attorneys' Manual by : United States. Department of Justice

Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Sentencing

Author : Ralph Henham
Publisher : Routledge
ISBN 13 : 1134084145
Total Pages : 162 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis Sentencing by : Ralph Henham

Download or read book Sentencing written by Ralph Henham and published by Routledge. This book was released on 2013-10-01 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sentencing is the process through which the legitimacy of punishment is declared and justified. However, it is increasingly portrayed as a social activity which should be more responsive to the pluralistic needs and values of individuals and communities in contemporary society. It will therefore have to adapt to an array of different perceptions of what justice is and how it should be delivered, as well as different sensitivities and emotional responses to sentencing processes and outcomes. At a time when fundamental questions are being asked about the relevance of existing forms of punishment in contemporary society, Sentencing argues for a profound normative understanding of the relationship between sentencing and its perception by citizens – vital if we are to fully comprehend the nature and significance of punishment, and the particular challenges it faces as a force for social cohesion. Henham explores this theme by focusing on key areas of debate within the field: the treatment of gender and race in sentencing the future role of sentencing in criminal justice governance the development of new criteria for evaluating sentencing within a more socially-inclusive framework. Henham suggests that a greater focus on the relationship between penal ideology and the impact of sentencing in the wider community is essential for effective future policy-making in this area. Sentencing will be useful for both undergraduate and postgraduate students of law, criminology, criminal justice and sociology, as well as for academics and criminal justice policymakers.

Punishment, Restorative Justice and the Morality of Law

Author : Erik Claes
Publisher : Intersentia nv
ISBN 13 : 9050954235
Total Pages : 214 pages
Book Rating : 4.0/5 (59 download)

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Book Synopsis Punishment, Restorative Justice and the Morality of Law by : Erik Claes

Download or read book Punishment, Restorative Justice and the Morality of Law written by Erik Claes and published by Intersentia nv. This book was released on 2005 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critics take the unclear status of restorative justice practices, along with their vagueness in meaning and purpose, as a clear invitation to a fundamental questioning of the legitimacy of these practices. Their supporters consider the experiment of restorative justice as a platform for reforming penal institutions and for rethinking the legitimacy of orthodox legal reasoning. Within the framework of a rechtsstaat, a democratic state governed by fundamental rights and by the rule of law, both issues of legitimacy lead not only to reflection on concepts such as restoration, punishment, or on such notions as harm and wrong. Questioning the legitimacy both of restorative justice practices and of the prevailing penal system also inevitably involves some reflection on, and articulation of, the underlying values and normative aspirations of such a democratic constitutional state. What are these values and how can they be given appropriate expression in the leading concepts and principles of the criminal law? To what extent are fundamental rights and principles of the rule of law sufficiently reflected in the practices of restorative justice? How are these practices to be related to the criminal justice system according to the normative aspirations of a democratic constitutional state? To what degree can current penal practices be made continuous with these aspirations? These fundamental questions formed the intellectual framework for the 10th Aquinas Conference on Restorative Justice, Punishment and the Morality of Law, at which conference the larger part of the papers published in this volume were presented. Consistent with the structure of the conference, this collection of essays is organised into three parts, each focussing on one central topic and containing a lead essay and corresponding replies. The first part offers critical scrutiny of one of the cornerstones of a criminal justice system governed by the rule of law, namely the principle of legality. Efforts are made to empower this principle through reflection on its underlying values and aspirations, and this in order to meet some of the legitimate ideals and concerns of restorative justice. These efforts are subsequently assessed from both sociological and philosophical perspectives. In the second part, attention is drawn to the legitimacy of restorative justice practices. Here, the normative intuitions of a democratic constitutional state serve either as a critical framework to assess these practices, or, more optimistically, as ideals to whose realisation restorative justice is supposed to make a valuable contribution. And, finally, in the third part, reflection on the value of restorative justice brings us to a fundamental questioning of the legitimacy of punishment and penal practices. Central to the discussion is whether it is possible to interpret and normatively reconstruct the idea and practice of punishment so as to make them compatible with, and even continuous with, the underlying values of a democratic constitutional state.

Criminal Judges

Author : Mike McConville
Publisher : Edward Elgar Publishing
ISBN 13 : 1782548920
Total Pages : 320 pages
Book Rating : 4.7/5 (825 download)

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Book Synopsis Criminal Judges by : Mike McConville

Download or read book Criminal Judges written by Mike McConville and published by Edward Elgar Publishing. This book was released on 2014-06-27 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Against a backdrop of a dysfunctional criminal justice system, the authors bring an avalanche of legal and empirical material to question the legitimacy of the relationship between judges, lawyers, politicians and defendants in modern Britain. Examinin

Sentencing Law and Policy

Author : Nora Demleitner
Publisher : Aspen Publishing
ISBN 13 : 1543847447
Total Pages : 632 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Sentencing Law and Policy by : Nora Demleitner

Download or read book Sentencing Law and Policy written by Nora Demleitner and published by Aspen Publishing. This book was released on 2022-01-31 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sentencing Law and Policy: Cases, Statutes, and Guidelines, Fifth Edition

Fairness and the Goals of International Criminal Trials

Author : Caleb H Wheeler
Publisher : Taylor & Francis
ISBN 13 : 1000854841
Total Pages : 170 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Fairness and the Goals of International Criminal Trials by : Caleb H Wheeler

Download or read book Fairness and the Goals of International Criminal Trials written by Caleb H Wheeler and published by Taylor & Francis. This book was released on 2023-04-28 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a ground-breaking, interdisciplinary study into the various goals assigned to international criminal trials. It starts from the proposition that no hierarchy exists amongst the different goals meaning that trials should strive to achieve all of them in equal measure. This is made difficult by the fact that not all of these goals are compatible and the fulfilment of one may lead to others going unmet. Therefore, a balance must be found if the goals of trial are to be achieved at all. The book posits that fairness should serve as the guiding principle when weighing the different trial goals against one another. It is argued that without fairness international and internationalised criminal courts and tribunals lack legitimacy and without legitimacy they lack effectiveness. The book concludes that international criminal trials must adopt procedures that emphasise fairness to all of the parties and trial participants if they wish to accomplish any of the goals set for them. Each chapter is devoted to identifying and explaining a different trial goal, providing analysis of how that particular goal functions in conjunction with the other goals, and discussing the ways in which a fairness-oriented trial model will help achieve those goals. The book provides a dynamic understanding of the different trial goals and the importance of fairness in the trial process by drawing on research from a variety of different legal disciplines while also incorporating scholarship rooted in criminology, political theory, international relations, and psychology. The book will be essential reading for researchers, academics and professionals working in the areas of International Criminal Law, Public International Law and Transitional Justice.

ABA Standards for Criminal Justice

Author : American Bar Association
Publisher :
ISBN 13 : 9781570737138
Total Pages : 151 pages
Book Rating : 4.7/5 (371 download)

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Book Synopsis ABA Standards for Criminal Justice by : American Bar Association

Download or read book ABA Standards for Criminal Justice written by American Bar Association and published by . This book was released on 1999-01-01 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.

Punishment and Process in International Criminal Trials

Author : Ralph Henham
Publisher : Routledge
ISBN 13 : 135190745X
Total Pages : 281 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Punishment and Process in International Criminal Trials by : Ralph Henham

Download or read book Punishment and Process in International Criminal Trials written by Ralph Henham and published by Routledge. This book was released on 2017-03-02 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: International sentencing has become significant given the numerous events on the world stage which have focused attention on the justifications and adequacy of punishment for heinous crimes such as genocide and crimes against humanity. In addition to providing a detailed evaluation of the philosophical and theoretical difficulties raised by this rapidly developing area of international criminal justice, this book provides an integrated socio-legal analysis of the law and process of international sentencing. It considers the rationale and development of international sentencing structures and processes, the nature and scope of legal and procedural constraints on decision-making, as well as access to justice and rights issues. The book discusses sentencing within the context of international criminal law and examines internationalized trial processes and alternative mechanisms for resolution. In seeking to comprehend the punishment of international crimes through the comparative contextual analysis of trial processes, it challenges our present understanding of how and why particular sentencing outcomes are produced and the perceived legitimacy of international trial justice.

Obstacles to Fairness in Criminal Proceedings

Author : John D Jackson
Publisher : Bloomsbury Publishing
ISBN 13 : 178225837X
Total Pages : 256 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Obstacles to Fairness in Criminal Proceedings by : John D Jackson

Download or read book Obstacles to Fairness in Criminal Proceedings written by John D Jackson and published by Bloomsbury Publishing. This book was released on 2018-03-22 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume considers the way in which the focus on individual rights may constitute an obstacle to ensuring fairness in criminal proceedings. The increasingly cosmopolitan nature of criminal justice, forcing legal systems with different institutional forms and practices to interact with each other as they attempt to combat crime beyond national borders, has accentuated the need for systems to seek legitimacy beyond their domestic traditions. Fairness, expressed in terms of the right to a fair trial in provisions such as Article 6 of the European Convention on Human Rights, has emerged across Europe as the principal means of guaranteeing the legitimacy of criminal proceedings. The consequence of this is that criminal procedure doctrines are framed overwhelmingly in 'constitutional' terms – the protection of defence rights is necessary to restrict and legitimate the state's mandate to prosecute crime. Yet there are various problems with relying solely or predominantly on defence rights as a means of ensuring that proceedings are 'fair' or legitimate and these issues are rarely discussed in the academic literature. In this volume, scholars from the disciplines of law, philosophy and sociology challenge various normative assumptions underpinning our understanding of fairness in criminal proceedings.

Courting the Community

Author : Christine Zozula
Publisher : Temple University Press
ISBN 13 : 143991740X
Total Pages : 219 pages
Book Rating : 4.4/5 (399 download)

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Book Synopsis Courting the Community by : Christine Zozula

Download or read book Courting the Community written by Christine Zozula and published by Temple University Press. This book was released on 2019-06-21 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Community Courts are designed to handle a city’s low-level offenses and quality-of-life crimes, such as littering, loitering, or public drunkenness. Court advocates maintain that these largely victimless crimes jeopardize the well-being of residents, businesses, and visitors. Whereas traditional courts might dismiss such cases or administer a small fine, community courts aim to meaningfully punish offenders to avoid disorder escalating to apocalyptic decline. Courting the Community is a fascinating ethnography that goes behind the scenes to explore how quality-of-life discourses are translated into court practices that marry therapeutic and rehabilitative ideas. Christine Zozula shows how residents and businesses participate in meting out justice—such as through community service, treatment, or other sanctions—making it more emotional, less detached, and more legitimate in the eyes of stakeholders. She also examines both “impact panels,” in which offenders, residents, and business owners meet to discuss how quality-of-life crimes negatively impact the neighborhood, as well as strategic neighborhood outreach efforts to update residents on cases and gauge their concerns. Zozula’s nuanced investigation of community courts can lead us to a deeper understanding of punishment and rehabilitation and, by extension, the current state of the American court system.

Exploring the Boundaries of International Criminal Justice

Author : Mark Findlay
Publisher : Routledge
ISBN 13 : 1317137175
Total Pages : 296 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Exploring the Boundaries of International Criminal Justice by : Mark Findlay

Download or read book Exploring the Boundaries of International Criminal Justice written by Mark Findlay and published by Routledge. This book was released on 2016-04-15 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection discusses appropriate methodologies for comparative research and applies this to the issue of trial transformation in the context of achieving justice in post-conflict societies. In developing arguments in relation to these problems, the authors use international sentencing and the question of victims' interests and expectations as a focus. The conclusions reached are wide-ranging and haighly significant in challenging existing conceptions for appreciating and giving effect to the justice demands of victims of war and social conflict. The themes developed demonstrate clearly how comparative contextual analysis facilitates our understanding of the legal and social contexts of international punishment and how this understanding can provide the basis for expanding the role of restorative international criminal justice within the context of international criminal trials.

Performance Measures for the Criminal Justice System

Author :
Publisher :
ISBN 13 :
Total Pages : 182 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Performance Measures for the Criminal Justice System by :

Download or read book Performance Measures for the Criminal Justice System written by and published by . This book was released on 1993 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Discussion paper from the BJS-Princeton Project.

Law and Legitimacy in the Supreme Court

Author : Richard H. Fallon
Publisher : Harvard University Press
ISBN 13 : 0674975812
Total Pages : 237 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Law and Legitimacy in the Supreme Court by : Richard H. Fallon

Download or read book Law and Legitimacy in the Supreme Court written by Richard H. Fallon and published by Harvard University Press. This book was released on 2018-02-19 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow