Sentencing In Tasmania

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Sentencing in Tasmania

Author : Kate Warner
Publisher :
ISBN 13 : 9781862873483
Total Pages : 476 pages
Book Rating : 4.8/5 (734 download)

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Book Synopsis Sentencing in Tasmania by : Kate Warner

Download or read book Sentencing in Tasmania written by Kate Warner and published by . This book was released on 2002 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: While Sentencing in Tasmania's focus is on Tasmania, it is relevant to all Australian jurisdictions because it contains an exposition of the common law principles in relation to sentencing, including recent High Court decisions such as Olbrich (fact finding and sentencing), Ryan (sexual offenders and good character), Dinsdale (suspended sentences), Pearce (double punishment), and Postiglione (totality and parity). The discussion of specific crimes and offences includes a section on social security fraud and provies sentencing ranges for the most common offences based on national data for sentences imposed in 2000. The book will be particularly useful in those jurisdictions that do not have a comprehensive and up-to-date treatise on the law of sentencing.

Criminal Sentencing as Practical Wisdom

Author : Graeme Brown
Publisher : Bloomsbury Publishing
ISBN 13 : 1509902627
Total Pages : 589 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Criminal Sentencing as Practical Wisdom by : Graeme Brown

Download or read book Criminal Sentencing as Practical Wisdom written by Graeme Brown and published by Bloomsbury Publishing. This book was released on 2017-06-01 with total page 589 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Sentencing and Society

Author : Cyrus Tata
Publisher : Routledge
ISBN 13 : 1351901095
Total Pages : 591 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Sentencing and Society by : Cyrus Tata

Download or read book Sentencing and Society written by Cyrus Tata and published by Routledge. This book was released on 2017-03-02 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining the latest work of leading sentencing and punishment scholars from twelve different countries, this major new international volume answers key questions in the study of sentencing and society. It presents not only a rigorous examination of the latest legal and empirical research from around the world, but also reveals the workings of sentencing within society and as a social practice. Traditionally, work in the field of sentencing has been dominated by legal and philosophical approaches. Distinctively, this volume provides a more sociological approach to sentencing: so allowing previously unanswered questions to be addressed and new questions to be opened. This extensive collection is drawn from around one third of the papers presented at the First International Conference on Sentencing and Society. Almost without exception, the chapters have been revised, cross-referenced and updated. The overall themes and findings of the international volume are set out by the opening "Introduction" and the closing "Reflections" chapters. Research findings on particular penal policy questions are balanced with an analysis of fundamental conceptual issues, making this international volume essential reading for: sentencing and punishment scholars, criminal justice policy-makers, and graduate students.

How Judges Sentence

Author : Geraldine Mackenzie
Publisher : Federation Press
ISBN 13 : 9781862875357
Total Pages : 212 pages
Book Rating : 4.8/5 (753 download)

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Book Synopsis How Judges Sentence by : Geraldine Mackenzie

Download or read book How Judges Sentence written by Geraldine Mackenzie and published by Federation Press. This book was released on 2005 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do judges sentence? This question is frequently asked but infrequently explored. What factors are taken into account? How do judges see their role? How do they apply the aims and purposes of sentencing? How are factors such as public opinion taken into account? How Judges Sentence explores these questions through interviews with Queensland judges. The judges explain how they come to their decisions when sentencing, how they view judicial discretion, and how they exercise it. The book carefully examines their comments within the legislative and theoretical contexts of sentencing. The analysis yields valuable insights into judicial methodologies, perceptions, and attitudes towards the sentencing process. How Judges Sentence provides a major contribution to debates on sentencing.

Sentencing the Self-Convicted

Author : Julian V Roberts
Publisher : Bloomsbury Publishing
ISBN 13 : 1509957456
Total Pages : 253 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Sentencing the Self-Convicted by : Julian V Roberts

Download or read book Sentencing the Self-Convicted written by Julian V Roberts and published by Bloomsbury Publishing. This book was released on 2023-02-23 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the fundamental ethical and legal aspects, penal consequences, and social context arising from a citizen's acceptance of guilt. The focus is upon sentencing people who have pleaded guilty; in short, post-adjudication, rather than issues arising from discussions in the pretrial phase of the criminal process. The vast majority of defendants across all common law jurisdictions plead guilty and as a result receive a reduced sentence. Concessions by a defendant attract more lenient State punishment in all western legal systems. The concession is significant: At a stroke, a guilty plea relieves the State of the burden of proving the defendant's guilt beyond a reasonable doubt, and in open court. Plea-based sentencing has become even more visible in recent years. The book provides insightful commentary on the following questions: - If an individual voluntarily accepts guilt, should the State receive this plea without further investigation or any disinterested adjudication? - Is it ethically acceptable to allow suspects and defendants, to self-convict in this manner, without independent confirmation and evidence to support a conviction? - If it is acceptable, what is the appropriate State response to such offenders? - If the defendant is detained pretrial, the ability to secure release in return for a plea may be particularly enticing. Might it be too enticing, resulting in wrongful convictions?

Handbook on Sentencing Policies and Practices in the 21st Century

Author : Cassia Spohn
Publisher : Taylor & Francis
ISBN 13 : 0429650930
Total Pages : 407 pages
Book Rating : 4.4/5 (296 download)

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Book Synopsis Handbook on Sentencing Policies and Practices in the 21st Century by : Cassia Spohn

Download or read book Handbook on Sentencing Policies and Practices in the 21st Century written by Cassia Spohn and published by Taylor & Francis. This book was released on 2019-06-14 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sentencing Policies and Practices in the 21st Century focuses on the evolution and consequences of sentencing policies and practices, with sentencing broadly defined to include plea bargaining, judicial and juror decision making, and alternatives to incarceration, including participation in problem-solving courts. This collection of essays and reports of original research explores how sentencing policies and practices, both in the United States and internationally, have evolved, explores important issues raised by guideline and non-guideline sentencing, and provides an overview of recent research on plea bargaining in the United States, Australia, and the United Kingdom. Other topics include the role of criminal history in sentencing, the past and future of capital punishment, strategies for reducing mass incarceration, problem-solving courts, and restorative justice practices. Each chapter summarizes what is known, identifies the gaps in the research, and discusses the theoretical, empirical, and policy implications of the research findings. The volume is grounded in current knowledge about the specific topics, but also presents new material that reflects the thinking of the leading minds in the field and that outlines a research agenda for the future. This is Volume 4 of the American Society of Criminology’s Division on Corrections and Sentencing handbook series. Previous volumes focused on risk assessment, disparities in punishment, and the consequences of punishment decisions. The handbooks provide a comprehensive overview of these topics for scholars, students, practitioners, and policymakers.

Penal Populism, Sentencing Councils and Sentencing Policy

Author : Arie Freiberg
Publisher : Routledge
ISBN 13 : 1317821831
Total Pages : 333 pages
Book Rating : 4.3/5 (178 download)

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Book Synopsis Penal Populism, Sentencing Councils and Sentencing Policy by : Arie Freiberg

Download or read book Penal Populism, Sentencing Councils and Sentencing Policy written by Arie Freiberg and published by Routledge. This book was released on 2014-03-05 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public outcries and political platforms based on misinformation and misconceptions about the criminal justice system and current sentencing practice occur all too often in democratic societies. Penal Populism, Sentencing Councils and Sentencing Policy attempts to address this problem by bringing together important contributions from a number of distinguished experts in the field. Penal Populism presents theoretical perspectives on the role of the public in the development of sentencing policy. It places particular emphasis on the emerging role of sentencing commissions, advisory councils or panels in a number of English speaking countries: Australia, New Zealand, the United States, the United Kingdom, Scotland and South Africa. The book explains, expands and develops the existing literature that looks at public attitudes to justice and the role that the 'public' can play in influencing policy. Written in a scholarly yet accessible style, Penal Populism asks the critical questions: should 'public opinion', or preferably, 'public judgment' be relevant to court decision-making, to institutional decision-making and to the political process? And if so, how?

Alternatives to Prison Sentences

Author : J. Junger-Tas
Publisher : Kugler Publications
ISBN 13 : 9789062991112
Total Pages : 120 pages
Book Rating : 4.9/5 (911 download)

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Book Synopsis Alternatives to Prison Sentences by : J. Junger-Tas

Download or read book Alternatives to Prison Sentences written by J. Junger-Tas and published by Kugler Publications. This book was released on 1994 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report surveys and summarizes the literature on the use of alternative sanctions in 12 western countries with a particular focus on its effectiveness and efficiency.

Handbook of Victims and Victimology

Author : Sandra Walklate
Publisher : Routledge
ISBN 13 : 1843922584
Total Pages : 546 pages
Book Rating : 4.8/5 (439 download)

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Book Synopsis Handbook of Victims and Victimology by : Sandra Walklate

Download or read book Handbook of Victims and Victimology written by Sandra Walklate and published by Routledge. This book was released on 2007 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an overview of the importance of the role of the victim in the criminal justice system, with an analysis of the different theoretical perspectives within victimology. This book explores the relationship between victimisation and feminism with particular focus on domestic and sexual violence.

Community Justice in Australia

Author : Brian Stout
Publisher : Taylor & Francis
ISBN 13 : 1000833178
Total Pages : 241 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Community Justice in Australia by : Brian Stout

Download or read book Community Justice in Australia written by Brian Stout and published by Taylor & Francis. This book was released on 2023-02-28 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of Community Justice in Australia expands on the discussion of how people who have committed offences can be engaged in the community. It considers how the concept of community justice can be successfully applied within Australia by social workers, criminologists, parole officers and anyone working in the community with both adults and young people. The book defines community justice and applies the concept to the Australian context. It then explains theories of offending behaviour, considers relevant Australian legislation, policy and intervention strategies and examines the implications for both young people and adults. Restorative justice is also discussed. The latter part of the book focuses on practical issues including working in community justice organisations, technology, public protection and desistance approaches. Each chapter contains an engagement with the implications of community justice approaches for Indigenous groups and features reflective questions, practical tasks and guidance for further reading. This accessible and practical book will be indispensable for instructors, students and practitioners working in the community with people who have committed offences.

Apprehended Violence Orders

Author : New South Wales. Law Reform Commission
Publisher :
ISBN 13 :
Total Pages : 294 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Apprehended Violence Orders by : New South Wales. Law Reform Commission

Download or read book Apprehended Violence Orders written by New South Wales. Law Reform Commission and published by . This book was released on 2003 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Dangerous Offenders

Author : Mark Brown
Publisher : Routledge
ISBN 13 : 1134637039
Total Pages : 210 pages
Book Rating : 4.1/5 (346 download)

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Book Synopsis Dangerous Offenders by : Mark Brown

Download or read book Dangerous Offenders written by Mark Brown and published by Routledge. This book was released on 2002-01-04 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly controversial new book considers how the dangerous offender has become such a figure of collective anxiety for the citizens of rationalised Western societies. The authors consider: * ideas of danger and social threat in historical perspective * legal responses to violent criminals * attempts to predict dangerous behaviour * why particular groups, such as women, remain at risk from violent crime. This inspired collection invites us to rethink the received wisdom on dangerous offenders, and will be of interest to students and scholars in the fields of criminology and the sociology of Risk.

Exiled

Author : Edwin Barnard
Publisher : National Library Australia
ISBN 13 : 0642277095
Total Pages : 228 pages
Book Rating : 4.6/5 (422 download)

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Book Synopsis Exiled by : Edwin Barnard

Download or read book Exiled written by Edwin Barnard and published by National Library Australia. This book was released on 2010 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Port Arthur convict photographs are a truly remarkable survival from Australias colonial past. Taken shortly before the infamous Tasmanian penal settlement closed for good, these images record the faces of men sent to Australia on convict ships between the 1820s and the 1850s. Now, for the first time, they are the subject of a fascinating new book from the National Library of Australia. Through its pages readers will come face to face with some of Australias reluctant pioneers and explore their often extraordinary lives. Using transportation records, trial documents, offi cial correspondence, prison files, local and overseas newspaper reports and eyewitness accounts, the author has pieced together biographies of some of the men and their female partners who found themselves transported to the colonies.

The Acts of the Parliament of Tasmania

Author : Tasmania
Publisher :
ISBN 13 :
Total Pages : 496 pages
Book Rating : 4.6/5 (792 download)

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Book Synopsis The Acts of the Parliament of Tasmania by : Tasmania

Download or read book The Acts of the Parliament of Tasmania written by Tasmania and published by . This book was released on 1919 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Oxford Handbook of Ethnicity, Crime, and Immigration

Author : Sandra M. Bucerius
Publisher : Oxford Handbooks
ISBN 13 : 0199859019
Total Pages : 961 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis The Oxford Handbook of Ethnicity, Crime, and Immigration by : Sandra M. Bucerius

Download or read book The Oxford Handbook of Ethnicity, Crime, and Immigration written by Sandra M. Bucerius and published by Oxford Handbooks. This book was released on 2014 with total page 961 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title provides comprehensive analyses of current knowledge about the unwarranted disparities in dealings with the criminal justice system faced by some disadvantaged minority groups in all developed countries

The Use of Victim Impact Statements in Sentencing for Sexual Offences

Author : Rhiannon Davies
Publisher : Routledge
ISBN 13 : 1000360881
Total Pages : 127 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis The Use of Victim Impact Statements in Sentencing for Sexual Offences by : Rhiannon Davies

Download or read book The Use of Victim Impact Statements in Sentencing for Sexual Offences written by Rhiannon Davies and published by Routledge. This book was released on 2021-03-17 with total page 127 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on extensive research from Australia, this book examines the experiences of sexual offence victims who submit a victim impact statement. Victim impact statements are used in sentencing to outline the harm caused to victims. There has been little research on the impact statement experiences of sexual offence victims. This book fills this gap, examining the perspectives of six adult female victims and 15 justice professionals in Australia. This is supplemented by analysis of 100 sentencing remarks, revealing how courts use such statements in practice. This book examines victims’ experiences of preparing and submitting statements, justice professionals’ experiences of working with victims to submit statements, and the judicial use of impact statements in sentencing. It identifies an overarching lack of clarity around the purpose of impact statements, which affects the information that can be included and the way they can be used by the court. It consequently explore issues associated with balancing the expressive and instrumental purposes of such statements, and the challenges in communication between professionals and victims of crime. The findings highlight several issues with the operation of impact statement regimes. Based on these findings, the book makes recommendations to clarify such regimes, to improve communication between justice professionals and victims of crime, and to enhance the therapeutic goals of such statements. An accessible and compelling read, this book is essential reading for all those engaged with victimology, sentencing, and sexual violence.

Parole on Probation

Author : Robin Fitzgerald
Publisher : Springer Nature
ISBN 13 : 3031193857
Total Pages : 109 pages
Book Rating : 4.0/5 (311 download)

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Book Synopsis Parole on Probation by : Robin Fitzgerald

Download or read book Parole on Probation written by Robin Fitzgerald and published by Springer Nature. This book was released on 2022-12-03 with total page 109 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores key issues in relation to parole and public opinion, including the relevance of public opinion to parole boards decision-making and strategies for increasing public confidence in parole. It presents the findings of semi-structured interviews with 80 members of parole authorities in 12 jurisdictions, across Australia, New Zealand, Canada and Scotland. Unlike judicial processes, which are open to the public, there is little awareness of and research on the work of parole authorities. This book therefore shines a light on a little-understood, but hotly-contested, aspect of the criminal justice system. Specifically, it explores differences across the study jurisdictions and considers how parole authorities in the four study countries view public attitudes, as well as the role of the media in shaping public attitudes towards parole. The book also considers whether public reaction matters for parole board decision-making and the interplay between informing the public and offender reintegration. It explores a range of strategies which may improve public confidence in parole and therefore the criminal justice system more broadly. This includes consideration of the value, definition and possibility of public confidence. The authors then discuss both passive forms, such as parole authority websites, publication of decisions and social media, before examining active forms of engagement, including an information/liaison officer, roadshows and community fora.