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Download or read book Fines as criminal sanctions written by and published by . This book was released on 1987 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Silvia S. G. Casale
Publisher :
ISBN 13 :
Total Pages : 60 pages
Book Rating : 4.:/5 (327 download)
Download or read book The Enforcement of Fines as Criminal Sanctions written by Silvia S. G. Casale and published by . This book was released on 1987 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Sally T. Hillsman
Publisher :
ISBN 13 :
Total Pages : 76 pages
Book Rating : 4.:/5 (327 download)
Download or read book Fines in Sentencing written by Sally T. Hillsman and published by . This book was released on 1984 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Sally T. Hillsman
Publisher :
ISBN 13 :
Total Pages : 88 pages
Book Rating : 4.A/5 ( download)
Download or read book Fines in Sentencing written by Sally T. Hillsman and published by . This book was released on 1984 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Elena Kantorowicz-Reznichenko
Publisher : Cambridge University Press
ISBN 13 : 1108846645
Total Pages : 425 pages
Book Rating : 4.1/5 (88 download)
Download or read book Day Fines in Europe written by Elena Kantorowicz-Reznichenko and published by Cambridge University Press. This book was released on 2021-07-01 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Day fines, as a pecuniary sanction, have a great potential to reduce inequality in the criminal sentencing system, as they impose the same relative punishment on all offenders irrespective of their income. Furthermore, with correct implementation, they can constitute an alternative sanction to the more repressive and not always efficient short-term prison sentences. Finally, by independently expressing in the sentence the severity and the income of the offender, day fines can increase uniformity and transparency of sentencing. Having this in mind, almost half of the European Union countries have adopted day fines in their criminal justice system. For the first time, this book makes their findings accessible to a wider international audience. Aimed at scholars, policy makers and criminal law practitioners, it provides an opportunity to learn about the theoretical advantages, the practical challenges, the successes and failures, and ways to improve.
Author : Alexes Harris
Publisher : Russell Sage Foundation
ISBN 13 : 1610448553
Total Pages : 265 pages
Book Rating : 4.6/5 (14 download)
Download or read book A Pound of Flesh written by Alexes Harris and published by Russell Sage Foundation. This book was released on 2016-06-08 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over seven million Americans are either incarcerated, on probation, or on parole, with their criminal records often following them for life and affecting access to higher education, jobs, and housing. Court-ordered monetary sanctions that compel criminal defendants to pay fines, fees, surcharges, and restitution further inhibit their ability to reenter society. In A Pound of Flesh, sociologist Alexes Harris analyzes the rise of monetary sanctions in the criminal justice system and shows how they permanently penalize and marginalize the poor. She exposes the damaging effects of a little-understood component of criminal sentencing and shows how it further perpetuates racial and economic inequality. Harris draws from extensive sentencing data, legal documents, observations of court hearings, and interviews with defendants, judges, prosecutors, and other court officials. She documents how low-income defendants are affected by monetary sanctions, which include fees for public defenders and a variety of processing charges. Until these debts are paid in full, individuals remain under judicial supervision, subject to court summons, warrants, and jail stays. As a result of interest and surcharges that accumulate on unpaid financial penalties, these monetary sanctions often become insurmountable legal debts which many offenders carry for the remainder of their lives. Harris finds that such fiscal sentences, which are imposed disproportionately on low-income minorities, help create a permanent economic underclass and deepen social stratification. A Pound of Flesh delves into the court practices of five counties in Washington State to illustrate the ways in which subjective sentencing shapes the practice of monetary sanctions. Judges and court clerks hold a considerable degree of discretion in the sentencing and monitoring of monetary sanctions and rely on individual values—such as personal responsibility, meritocracy, and paternalism—to determine how much and when offenders should pay. Harris shows that monetary sanctions are imposed at different rates across jurisdictions, with little or no state government oversight. Local officials’ reliance on their own values and beliefs can also push offenders further into debt—for example, when judges charge defendants who lack the means to pay their fines with contempt of court and penalize them with additional fines or jail time. A Pound of Flesh provides a timely examination of how monetary sanctions permanently bind poor offenders to the judicial system. Harris concludes that in letting monetary sanctions go unchecked, we have created a two-tiered legal system that imposes additional burdens on already-marginalized groups.
Author : Marc Veenbrink
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403514418
Total Pages : 506 pages
Book Rating : 4.4/5 (35 download)
Download or read book Criminal Law Principles and the Enforcement of EU and National Competition Law written by Marc Veenbrink and published by Kluwer Law International B.V.. This book was released on 2019-11-20 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although Article 23(5) of EU Regulation 1/2003 provides that competition law fines ‘shall not be of a criminal law nature’, this has not prevented certain criminal law principles from finding their way into European Union (EU) competition law procedures. Even more significantly, the deterrent effect of competition law fines has led courts in the Netherlands and the United Kingdom (UK), as well as the European Court of Human Rights, to conclude that competition law proceedings can lead to a criminal charge. This book offers the first book-length study of whether courts do indeed apply criminal law principles in competition law proceedings and, if so, how these principles are adapted to the needs and characteristics of competition law. Focusing on competition law developments (both legislative and judicial) over a period of twenty years in three jurisdictions – the Netherlands, the UK and the EU – the author compares how each of the following (criminal law) principles has emerged and been interpreted in each jurisdiction’s proceedings: freedom from self-incrimination; non bis in idem; burden and standard of proof; legality and legal certainty; and proportionality of sanctions. The author offers proposals involving both legislative and judicial actions, with examples of judges invoking criminal law principles to develop an appropriate level of safeguards in competition law proceedings. The book shows that criminal law can provide a rich source of inspiration for the judiciary on the appropriate level of legal safeguards in competition law proceedings. As such, it provides an important source of information and guidance for lawyers and judges dealing with competition law matters. "The work is well argued and well researched. Indeed, it is almost encyclopaedic in its use and citation of case law and secondary material....This book provides a valuable resource for anyone (whether as advocate, investigator, adjudicator or academic researcher) who wishes to understand how these criminal law principles are used in, and to protect those subject to, administrative law-based competition investigations.” Bruce Wardhaugh (Lecturer at the University of Manchester) Common Market Law Review, 2021, vol 58, issue 1, page 236
Author : Herbert Packer
Publisher : Stanford University Press
ISBN 13 : 9780804780797
Total Pages : 404 pages
Book Rating : 4.7/5 (87 download)
Download or read book The Limits of the Criminal Sanction written by Herbert Packer and published by Stanford University Press. This book was released on 1968-06-01 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: The argument of this book begins with the proposition that there are certain things we must understand about the criminal sanction before we can begin to talk sensibly about its limits. First, we need to ask some questions about the rationale of the criminal sanction. What are we trying to do by defining conduct as criminal and punishing people who commit crimes? To what extent are we justified in thinking that we can or ought to do what we are trying to do? Is it possible to construct an acceptable rationale for the criminal sanction enabling us to deal with the argument that it is itself an unethical use of social power? And if it is possible, what implications does that rationale have for the kind of conceptual creature that the criminal law is? Questions of this order make up Part I of the book, which is essentially an extended essay on the nature and justification of the criminal sanction. We also need to understand, so the argument continues, the characteristic processes through which the criminal sanction operates. What do the rules of the game tell us about what the state may and may not do to apprehend, charge, convict, and dispose of persons suspected of committing crimes? Here, too, there is great controversy between two groups who have quite different views, or models, of what the criminal process is all about. There are people who see the criminal process as essentially devoted to values of efficiency in the suppression of crime. There are others who see those values as subordinate to the protection of the individual in his confrontation with the state. A severe struggle over these conflicting values has been going on in the courts of this country for the last decade or more. How that struggle is to be resolved is a second major consideration that we need to take into account before tackling the question of the limits of the criminal sanction. These problems of process are examined in Part II. Part III deals directly with the central problem of defining criteria for limiting the reach of the criminal sanction. Given the constraints of rationale and process examined in Parts I and II, it argues that we have over-relied on the criminal sanction and that we had better start thinking in a systematic way about how to adjust our commitments to our capacities, both moral and operational.
Author : United States. General Accounting Office
Publisher :
ISBN 13 :
Total Pages : 20 pages
Book Rating : 4.:/5 (31 download)
Download or read book Criminal Penalties Resulting from the Organized Crime Drug Enforcement Task Forces written by United States. General Accounting Office and published by . This book was released on 1986 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Patricia Faraldo Cabana
Publisher : Taylor & Francis
ISBN 13 : 1134872577
Total Pages : 245 pages
Book Rating : 4.1/5 (348 download)
Download or read book Money and the Governance of Punishment written by Patricia Faraldo Cabana and published by Taylor & Francis. This book was released on 2017-06-26 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Money is the most frequently means used in the legal system to punish and regulate. Monetary penalties outnumber all other sanctions delivered by criminal justice in many jurisdictions, imprisonment included. More people pay fines than go to prison and in some jurisdictions many of those in prison are there because of failure to pay their fines. Therefore, it is surprising how little has been written in the Anglophone academic world about the nature of money sanctions and their specific characteristics as legal sanctions. In many ways, legal innovations related to money sanctions have been poorly understood. This book argues that they are a direct consequence of the changing meaning of money. Considering the ‘meaninglessness’ of modern money, the book aims to examine the history of changing conceptions in how fines have been conceived and used. Using a set of interpretative techniques sensitive to how money and freedom are perceived, the genealogy of the penal fine is presented as a story of constant reformulation in response to shifting political pressures and changes in intellectual developments that influenced ideological commitments of legislators and practitioners. This book is multi-disciplinary and will appeal to those engaged with criminology, sociology and philosophy of punishment, socio-legal studies, and criminal law.
Author : Andrew Von Hirsch
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 152 pages
Book Rating : 4.:/5 (318 download)
Download or read book Censure and Sanctions written by Andrew Von Hirsch and published by Oxford University Press, USA. This book was released on 1993 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1991 Criminal Justice Act, requires that sentences be 'proportionate' to the severity of the crime. This book discusses how sentences may be scaled proportionately to the gravity of the crime. Topics dealt with include how the idea of a penal censure justifies proportionate sentences and how political pressures impinge on sentencing policies.
Author : R. Barry Ruback
Publisher : Oxford University Press
ISBN 13 : 0190682582
Total Pages : 241 pages
Book Rating : 4.1/5 (96 download)
Download or read book Economic Sanctions in Criminal Justice written by R. Barry Ruback and published by Oxford University Press. This book was released on 2021 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Justice is expensive. So is injustice. These kinds of judgments are usually made in terms of money, and an economic focus makes sense in the context of criminal law and procedure, since money has long played a role in how society deals with unlawful behavior. These economic sanctions, the court-imposed financial obligations that follow a criminal conviction, are useful because they apply a metric that is understood by everyone. The notion of using money as a means of resolving criminal and civil problems goes back almost four thousand years, to the Code of Hammurabi (Van Ness, 1990), and there are several Biblical injunctions regarding payment after crimes. In the Middle Ages, victims were entitled to compensation for injuries (adjusted for their rank in society), and by the twelfth century, the king was entitled to a fee for administering the system (Klein, 1997)"--
Author : L. A. Winterfield
Publisher :
ISBN 13 :
Total Pages : 8 pages
Book Rating : 4.:/5 (31 download)
Download or read book The Staten Island Day-Fine Project written by L. A. Winterfield and published by . This book was released on 1993 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Assembly of Behavioral and Social Sciences (U.S.). Panel on Research on Deterrent and Incapacitative Effects
Publisher :
ISBN 13 :
Total Pages : 450 pages
Book Rating : 4.3/5 (91 download)
Download or read book Deterrence and Incapacitation written by Assembly of Behavioral and Social Sciences (U.S.). Panel on Research on Deterrent and Incapacitative Effects and published by . This book was released on 1978 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of papers presents scientific and research evidence on the role of criminal sanctions in reducing crime rates.
Author : United States. Department of Justice
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (191 download)
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:
Author : Dr. Aneesh V. Pillai
Publisher :
ISBN 13 :
Total Pages : 11 pages
Book Rating : 4.:/5 (129 download)
Download or read book The Call for Criminal Sanctions for Enforcement of Competition Law and Its Practical Concerns written by Dr. Aneesh V. Pillai and published by . This book was released on 2020 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt: The effectiveness of competition law and its enforcement based on fines as well as behavioral and structural remedies has always been a debatable issue. It is argued that such competition law enforcement based on fines and other remedies has less deterrent effect compared to a system based on criminal sanctions. Therefore some of the jurists and authors have proposed that criminal sanctions should be included in the competition law enforcement. This paper seeks to examine the need and effectiveness of criminal sanctions in enforcement of competition law. It discusses the various justifications for the use of criminal sanctions for competition law enforcement such as Utilitarian Justification of Deterrence; Retributivist Non-Consequentialist Justification; Stigma Effect; To ensure the Obligation of Members or Agents of the Company; To Legitimize the Extra Territorial Application of Competition Law; and To Ensure Cooperation among Countries. At the same time this paper also identifies various practical issues involved in the criminal enforcement of competition law such as the problem of defining competition law offences; attribution of mens rea to corporate bodies; attribution of vicarious liability to the body corporate in criminal law; etc. Further the paper attempts to provide some pragmatic solutions for dealing with the various concerns raised by the criminal enforcement of competition law.
Author : United States Sentencing Commission
Publisher :
ISBN 13 :
Total Pages : 556 pages
Book Rating : 4.3/5 (91 download)
Download or read book Guidelines Manual written by United States Sentencing Commission and published by . This book was released on 1988 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:
