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Author : John Hogarth
Publisher :
ISBN 13 : 9780317270280
Total Pages : pages
Book Rating : 4.2/5 (72 download)
Download or read book Sentencing as a Human Process written by John Hogarth and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John Hogarth
Publisher : University of Toronto Press
ISBN 13 : 1487590164
Total Pages : 448 pages
Book Rating : 4.4/5 (875 download)
Download or read book Sentencing as a Human Process written by John Hogarth and published by University of Toronto Press. This book was released on 1971-12-15 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sentencing is not a neutral or mechanical act; it is a human process, highly charged affectively and motivationally. Sentencing decisions take place in a social environment of laws, facts, ideas, and people. This study of sentencing behaviour is primarily concerned with the mental processes involved in decision-making. It is based on intensive interviews and on measures of the information-processing ability of seventy-one full-time judges in Ontario. The work covers such topics as: problems of sentencing (particularly existing disparities); social and economic background of judges and their varying penal philosophies; the nature and measurement of judicial attitudes toward crime; punishment and related issues; prediction of sentencing behaviour based on attitude scales (which the author has constructed) and also on 'fact patterns perceived by judges'; and the impact of social and legal constraints on the sentencing process. The study concludes that there exists a very high correlation between a judges definition of situation and the sentence which he imposes and that while sentences meted out for a particular law violation under similar circumstances may differ among judges, judges are 'highly consistent within themselves.' Using these conclusions the author constructs a model of judicial behaviour and shows how this model can be used to predict and to explain sentencing and breaks new ground in the use of the social and behavioural sciences as sources of data to explain the sentencing process.
Author : Cyrus Tata
Publisher : Springer Nature
ISBN 13 : 3030010600
Total Pages : 187 pages
Book Rating : 4.0/5 (3 download)
Download or read book Sentencing: A Social Process written by Cyrus Tata and published by Springer Nature. This book was released on 2019-12-28 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book asks how we should make sense of sentencing when, despite huge efforts world-wide to analyse, critique and reform it, it remains an enigma.Sentencing: A Social Process reveals how both research and policy-thinking about sentencing are confined by a paradigm that presumes autonomous individualism, projecting an artificial image of sentencing practices and policy potential. By conceiving of sentencing instead as a social process, the book advances new policy and research agendas. Sentencing: A Social Process proposes innovative solutions to classic conundrums, including: rules versus discretion; aggravating versus mitigating factors; individualisation versus consistency; punishment versus rehabilitation; efficient technologies versus the quality of justice; and ways of reducing imprisonment.
Author : United States Sentencing Commission
Publisher :
ISBN 13 :
Total Pages : 68 pages
Book Rating : 4.:/5 (319 download)
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:
Author : Frederic Block
Publisher :
ISBN 13 : 9781641053815
Total Pages : 210 pages
Book Rating : 4.0/5 (538 download)
Download or read book Crimes and Punishments written by Frederic Block and published by . This book was released on 2019-06 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crimes and Punishments: Entering the Mind of a Sentencing Judge provides a cross-section of different crimes for which Judge Frederic Block sentenced a convicted criminal.
Author : Richard S. Frase
Publisher : Oxford University Press
ISBN 13 : 0199757860
Total Pages : 297 pages
Book Rating : 4.1/5 (997 download)
Download or read book Just Sentencing written by Richard S. Frase and published by Oxford University Press. This book was released on 2013-01-17 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title presents a fully developed punishment theory which incorporates both utilitarian and retributive sentencing purposes. The author describes and defends a hybrid sentencing model that integrates theory and practice - blending and balancing both the competing principles of retribution and rehabilitation and the procedural concern of weighing rules against discretion.
Author : Gerhard O. W. Mueller
Publisher : Charles C. Thomas Publisher
ISBN 13 :
Total Pages : 240 pages
Book Rating : 4.F/5 ( download)
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:
Author : Malcolm M. Feeley
Publisher : Russell Sage Foundation
ISBN 13 : 1610442016
Total Pages : 365 pages
Book Rating : 4.6/5 (14 download)
Download or read book The Process is the Punishment written by Malcolm M. Feeley and published by Russell Sage Foundation. This book was released on 1979-10-03 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is conventional wisdom that there is a grave crisis in our criminal courts: the widespread reliance on plea-bargaining and the settlement of most cases with just a few seconds before the judge endanger the rights of defendants. Not so, says Malcolm Feeley in this provocative and original book. Basing his argument on intensive study of the lower criminal court system, Feeley demonstrates that the absence of formal "due process" is preferred by all of the court's participants, and especially by defendants. Moreover, he argues, "it is not all clear that as a group defendants would be better off in a more 'formal' court system," since the real costs to those accused of misdemeanors and lesser felonies are not the fines and prison sentences meted out by the court, but the costs incurred before the case even comes before the judge—lost wages from missed work, commissions to bail bondsmen, attorney's fees, and wasted time. Therefore, the overriding interest of the accused is not to secure the formal trappings of the judicial process, but to minimize the time, and money, spent dealing with the court. Focusing on New Haven, Connecticut's, lower court, Feeley found that the defense and prosecution often agreed that the pre-trial process was sufficient to "teach the defendant a lesson." In effect, Feeley demonstrates that the informal practices of the lower courts as they are presently constituted are more "just" than they are usually given credit for being. "... a book that should be read by anyone who is interested in understanding how courts work and how the criminal sanction is administered in modern, complex societies."— Barry Mahoney, Institute for Court Management, Denver "It is grounded in a firm grasp of theory as well as thorough field research."—Jack B. Weinstein, U.S. District Court Judge." a feature that has long been the hallmark of good American sociology: it recreates a believable world of real men and women."—Paul Wiles, Law & Society Review. "This book's findings are well worth the attention of the serious criminal justice student, and the analyses reveal a thoughtful, probing, and provocative intelligence....an important contribution to the debate on the role and limits of discretion in American criminal justice. It deserves to be read by all those who are interested in the outcome of the debate." —Jerome H. Skolnick, American Bar Foundation Research Journal
Author : Katja Franko Aas
Publisher : Psychology Press
ISBN 13 : 9781904385394
Total Pages : 232 pages
Book Rating : 4.3/5 (853 download)
Download or read book Sentencing in the Age of Information written by Katja Franko Aas and published by Psychology Press. This book was released on 2005 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Applying media and communication studies to sentencing and penal culture, Franko Aas offers a lucid and innovative account of how punishment is adjusting to a new cultural climate.
Author : John Hogarth
Publisher :
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.:/5 (2 download)
Download or read book Technical Appendices to Sentencing as a Human Process written by John Hogarth and published by . This book was released on 1972 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Maggie Hall
Publisher : Springer
ISBN 13 : 3319450387
Total Pages : 295 pages
Book Rating : 4.3/5 (194 download)
Download or read book The Lived Sentence written by Maggie Hall and published by Springer. This book was released on 2017-03-29 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the lives of the sentenced to argue that 'sentencing' should be re-conceived to consider the human perspective. It combines a range of modern criminological and legal theories together with interviews with prisoners in New South Wales, to examine their lives during and beyond completing the terms of imprisonment, for a more continuous and coherent perspective on the process of 'sentencing'. This book makes a strong argument for the practical advantages of listening to the voices of the sentenced and it is therefore a useful tool for the correctional community engaged in providing services and programmes to reduce recidivism. A methodological and well-researched text, this book will be of particular interest to scholars of criminal justice and the penal system, as well as policy makers and practitioners.
Author : Sarah J Summers
Publisher : Oxford University Press
ISBN 13 : 0192697617
Total Pages : 305 pages
Book Rating : 4.1/5 (926 download)
Download or read book Sentencing and Human Rights written by Sarah J Summers and published by Oxford University Press. This book was released on 2022-10-06 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 J 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.
Author : Andreas Kapardis
Publisher :
ISBN 13 :
Total Pages : 312 pages
Book Rating : 4.F/5 ( download)
Download or read book Sentencing by English Magistrates as a Human Process written by Andreas Kapardis and published by . This book was released on 1985 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Rosann Greenspan
Publisher : Cambridge University Press
ISBN 13 : 1108415687
Total Pages : 407 pages
Book Rating : 4.1/5 (84 download)
Download or read book The Legal Process and the Promise of Justice written by Rosann Greenspan and published by Cambridge University Press. This book was released on 2019-06-13 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Malcolm Feeley's classic scholarship on courts, criminal justice, legal reform, and the legal complex, examined by law and society scholars.
Author : Michael Tonry
Publisher : University of Chicago Press
ISBN 13 : 022644094X
Total Pages : 512 pages
Book Rating : 4.2/5 (264 download)
Download or read book Crime and Justice, Volume 45 written by Michael Tonry and published by University of Chicago Press. This book was released on 2017-02-22 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sentencing Policies and Practices in Western Countries: Comparative and Cross-national Perspectives is the forty-fifth addition to the Crime and Justice series. Contributors include Thomas Weigend on criminal sentencing in Germany since 2000; Julian V. Roberts and Andrew Ashworth on the evolution of sentencing policy and practice in England and Wales from 2003 to 2015; Jacqueline Hodgson and Laurène Soubise on understanding the sentencing process in France; Anthony N. Doob and Cheryl Marie Webster on Canadian sentencing policy in the twenty-first century; Arie Freiberg on Australian sentencing policies and practices; Krzysztof Krajewski on sentencing in Poland; Alessandro Corda on Italian policies; Michael Tonry on American sentencing; and Tapio Lappi-Seppälä on penal policy and sentencing in the Nordic countries.
Author : Ralph Henham
Publisher : Routledge
ISBN 13 : 1134084145
Total Pages : 162 pages
Book Rating : 4.1/5 (34 download)
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.
Author : Graeme Brown
Publisher : Bloomsbury Publishing
ISBN 13 : 1509902635
Total Pages : 304 pages
Book Rating : 4.5/5 (99 download)
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 304 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.
