Download Principled Sentencing eBook. PDF book with title Principled Sentencing suitable to read on your Kindle device, PC, phones or tablets. Available in PDF, EPUB, and Mobi Format.

Principled Sentencing

Principled Sentencing Author : Andreas von Hirsch
Release : 2009-03-17
Publisher : Hart Publishing
ISBN : 9781841137179
File Size : 81.39 MB
Format : PDF, Mobi
Download : 693
Read : 918

This new, third edition of Principled Sentencing offers students of law, legal philosophy, criminology and criminal justice a wide-ranging selection of the leading scholarship on contemporary sentencing. The volume offers readers critical readings relating to the key moral, philosophical and policy issues in sentencing today. It contains many new readings on subjects that have recently emerged and which have consequences for sentencing in many jurisdictions. The contents of each chapter consists of a selection of readings, some very recent, some more timeless - but each in its own way important to the field. As before, each chapter begins with an introduction by one of the editors accompanied by a selection of further readings. All the chapters have been substantially revised, as have the editorial introductions.

Sentencing and Criminal Justice

Sentencing and Criminal Justice Author : Andrew Ashworth
Release : 2010-02-04
Publisher : Cambridge University Press
ISBN : 1139486748
File Size : 90.11 MB
Format : PDF, ePub, Mobi
Download : 762
Read : 958

Andrew Ashworth expertly examines the key issues in English sentencing policy and practice including the mechanisms for producing sentencing guidelines. He considers the most high-profile stages in the criminal justice process such as the Court of Appeal's approach to the custody threshold, the framework for the sentencing of young offenders and the abiding problems of previous convictions in sentencing. Taking into account the Criminal Justice and Immigration Act 2008 and the Coroners and Justice Act 2009, the book's inter-disciplinary approach places the legislation and guidelines on sentencing in the context of criminological research, statistical trends and theories of punishment. By examining the law in relation to elements of the wider criminal justice system, including the prison and probation services, students gain a rounded perspective on the relevant principles and problems of sentencing and criminal justice.

Punishment & Sentencing

Punishment & Sentencing Author : Mirko Bageric
Release : 2001-07-01
Publisher : Routledge
ISBN : 1135339805
File Size : 77.8 MB
Format : PDF, ePub
Download : 182
Read : 1080

First published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.

Sentencing Policy and Social Justice

Sentencing Policy and Social Justice Author : Ralph Henham
Release : 2018-02-09
Publisher : Oxford University Press
ISBN : 0191029033
File Size : 40.58 MB
Format : PDF, Docs
Download : 301
Read : 698

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.

Criminal Sentencing in Bangladesh

Criminal Sentencing in Bangladesh Author : Muhammad Mahbubur Rahman
Release : 2017-03-27
Publisher : BRILL
ISBN : 9004341935
File Size : 57.15 MB
Format : PDF, ePub, Mobi
Download : 966
Read : 153

Examining the sentencing policies of Bangladesh, Criminal Sentencing in Bangladesh calls for going beyond the universal, asocial and apolitical formulations as proclaimed in mainstream sentencing literature in order to decipher the sentencing realities of non-western, post-colonial jurisdictions.

The Right to Be Punished

The Right to Be Punished Author : Gabriel Hallevy
Release : 2012-10-12
Publisher : Springer Science & Business Media
ISBN : 364232388X
File Size : 78.87 MB
Format : PDF, Kindle
Download : 534
Read : 1283

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.

Principles of Sentencing

Principles of Sentencing Author : Geraldine Mackenzie
Release : 2010
Publisher :
ISBN :
File Size : 66.28 MB
Format : PDF, Docs
Download : 772
Read : 152

Sentencing in all Australian jurisdictions is now largely governed by legislation which prescribes some basic guidelines and principles. At the same time, the High Court and the State appeal courts have been more active in developing a sentencing jurisprudence, effectively standardising many of the core principles of sentencing law.However, judges and magistrates retain a wide discretion in almost every case, and lawyers argue many different, often disparate and sometimes inherently complex, factors.The authors of this book burrow through the maze of developing sentencing law to isolate, explain and critique the principles which operate across and between jurisdictions. They identify the key themes, analyse examples from the different jurisdictions and examine the exercise of judicial discretion both in the scope of factors that may be taken into account and in the choice of sanctions.

Just Sentencing

Just Sentencing Author : Richard S. Frase
Release : 2013-01-17
Publisher : Oxford University Press
ISBN : 0199757860
File Size : 21.4 MB
Format : PDF, ePub, Docs
Download : 578
Read : 772

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.

Exploring the Mandatory Life Sentence for Murder

Exploring the Mandatory Life Sentence for Murder Author : Barry Mitchell
Release : 2012-10-19
Publisher : Bloomsbury Publishing
ISBN : 1782250263
File Size : 70.89 MB
Format : PDF, ePub, Docs
Download : 473
Read : 1064

Murder is often regarded as both the 'ultimate' and a unique crime, and whereas courts are normally given discretion in sentencing offenders, for murder the sentence is mandatory – indeterminate imprisonment. Since the crime and the punishment come as a 'package deal' this book looks at both the legal nature of the offence and at the current operation of the mandatory life sentence. Not only does the book adopt a critical approach, by assessing the strengths and weaknesses of the status quo, it also draws upon comparative material from both common and civil law jurisdictions in an attempt to provide a comprehensive exploration of these issues. The need for public confidence in the criminal justice system is particularly acute in the way it deals with the most serious homicides. In this book the authors report findings from the first systematic exploration of public attitudes to sentencing murder in this or any other common law jurisdiction. The picture of public opinion emerging from this recent large-scale nationwide qualitative and quantitative survey, funded by the Nuffield Foundation, is likely to surprise many, and will be of interest to all jurisdictions where the mandatory life sentence for murder has been questioned.

Corporate Sentencing Guidelines

Corporate Sentencing Guidelines Author : Jed S. Rakoff
Release : 1993
Publisher : Law Journal Press
ISBN : 9781588520586
File Size : 23.84 MB
Format : PDF, ePub
Download : 527
Read : 1040

Sentencing Reform

Sentencing Reform Author : Martin Wasik
Release : 1987-01-01
Publisher : Manchester University Press
ISBN : 9780719018909
File Size : 75.70 MB
Format : PDF, Docs
Download : 436
Read : 663

Previous Convictions at Sentencing

Previous Convictions at Sentencing Author : Julian V Roberts
Release : 2014-10-01
Publisher : Bloomsbury Publishing
ISBN : 1782256067
File Size : 50.53 MB
Format : PDF, ePub, Mobi
Download : 254
Read : 1257

This latest volume in the Penal Theory and Penal Ethics series addresses one of the oldestquestions in the field of criminal sentencing: should an offender's previous convictions affect the sentence? Although there is an extensive literature on the definition and use of criminal history information, the emphasis here is on the theoretical and normative aspects of considering previous convictions at sentencing. Several authors explore the theory underlying the practice of mitigating the punishments for first offenders, while others put forth arguments for enhancing sentences for recidivists.

Sentencing and the Legitimacy of Trial Justice

Sentencing and the Legitimacy of Trial Justice Author : Ralph Henham
Release : 2013-03-01
Publisher : Routledge
ISBN : 1136657436
File Size : 76.53 MB
Format : PDF, Kindle
Download : 162
Read : 389

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.

Fundamentals of Sentencing Theory

Fundamentals of Sentencing Theory Author : Andrew Ashworth
Release : 1998
Publisher : Oxford University Press on Demand
ISBN : 0198262566
File Size : 48.32 MB
Format : PDF, Docs
Download : 525
Read : 725

The Oxford Monographs On Criminal Law And Justice series aims to cover all aspects of criminal law and procedure including criminal evidence. the scope of the series is wide, encompassing both practical and theoretical works. Series Editor: Professor Andrew Ashworth, Vinerian Professor of English Law, All Souls College, Oxford. This volume is a thematic collection of essays on sentencing theory by leading writers. The essays fall into three groups. Part I considers the underlying justifications for the imposition of punishment by the State, and examines the relationship between victims, offenders and the State. Part II addresses a number of areas of sentencing policy that have given rise to particular difficulty, such as the sentencing of drug offenders, the rationale for discounting sentences for multiple offenders, the existence of special sentencing for young offenders, and cases where the injury done to the victim is of a different magnitude from what might have been expected. Part III raises various questions about the unequal impact on offenders of different sentencing measures, and examines the extent to which sentences should be adjusted to take account of these different impacts and of broader social inequalities. This volume is dedicated to Professor Andrew von Hirsch, whose continuing work on sentencing theory provided the stimulus for the collection.

How Judges Sentence

How Judges Sentence Author : Geraldine Mackenzie
Release : 2005
Publisher : Federation Press
ISBN : 9781862875357
File Size : 53.5 MB
Format : PDF, ePub
Download : 170
Read : 506

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.

Seeking Security

Seeking Security Author : G R Sullivan
Release : 2012-04-13
Publisher : Bloomsbury Publishing
ISBN : 1847319297
File Size : 43.72 MB
Format : PDF, ePub, Mobi
Download : 256
Read : 1020

Many academic criminal lawyers and criminal law theorists seek to resolve the optimum conditions for a criminal law fit to serve a liberal democracy. Typical wish lists include a criminal law that intervenes against any given individual only when there is a reasonable suspicion that s/he has caused harm to the legally protected interests of another or was on the brink of doing so. Until there is conduct that gives rise to a reasonable suspicion of criminal conduct by an individual, s/he should be allowed to go about his or her business free from covert surveillance or other forms of intrusion. All elements of crimes should be proved beyond any reasonable doubt. Any punishment should be proportionate to the gravity of the wrongdoing and when the offender has served this punishment the account should be cleared and good standing recovered. Seeking Security explores the gap between the normative aspirations of liberal, criminal law scholarship and the current criminal law and practice of Anglophone jurisdictions. The concern with security and risk, which in large part explains the disconnection between theory and practice, seems set to stay and is a major challenge to the form and relevance of a large part of criminal law scholarship.

Pluralism in International Criminal Law

Pluralism in International Criminal Law Author : Elies van Sliedregt
Release : 2014-10-02
Publisher : OUP Oxford
ISBN : 019100829X
File Size : 43.92 MB
Format : PDF
Download : 383
Read : 1103

Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.

Decisions to Imprison

Decisions to Imprison Author : Mr Rasmus H Wandall
Release : 2013-02-28
Publisher : Ashgate Publishing, Ltd.
ISBN : 1409496007
File Size : 29.23 MB
Format : PDF, ePub, Docs
Download : 899
Read : 1301

Rasmus Wandall uses quantitative and qualitative methods from studies carried out in Denmark, to address the formal and informal norms and ideologies that are used to generate decisions to imprison. Focusing on the operations of the courtroom participants, his work investigates how court decision-making is organized to allow the sentencing procedure to be open to more than its formal legal framework, while at the same time keeping the sentencing within the boundaries of law and legal validity. The author uses the theory of law's operational closure, developed by Niklas Luhmann. The theory provides an advantageous point of departure to capture the close and subtle interactions between law's need for validity and for contextual openness in every legal operation - including court decision-making.

Preventive Justice

Preventive Justice Author : Andrew Ashworth
Release : 2014-03-27
Publisher : OUP Oxford
ISBN : 0191021059
File Size : 65.90 MB
Format : PDF
Download : 607
Read : 339

This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'.

Principles and Values in Criminal Law and Criminal Justice: Essays in Honour of Andrew Ashworth

Principles and Values in Criminal Law and Criminal Justice: Essays in Honour of Andrew Ashworth Author : Lucia Zedner
Release : 2012-08-16
Publisher : OUP Oxford
ISBN : 0191639508
File Size : 61.16 MB
Format : PDF, ePub, Mobi
Download : 743
Read : 561

Celebrating the scholarship of Andrew Ashworth, Vinerian Professor of English Law at the University of Oxford, this collection brings together leading international scholars to explore questions of principle and value in criminal law and criminal justice. Internationally renowned for elaborating a body of principles and values that should underpin criminalization, the criminal process, and sentencing, Ashworth's contribution to the field over forty years of scholarship has been immense. Advancing his project of exploring normative issues at the heart of criminal law and criminal justice, the contributors examine the important and fascinating debates in which Ashworth's influence has been greatest. The essays fall into three distinct but related areas, reflecting Ashworth's primary spheres of influence. Those in Part 1 address the import and role of principles in the development of a just criminal law, with contributions focusing upon core tenets such as the presumption of innocence, fairness, accountability, the principles of criminal liability, and the grounds for defences. Part 2 addresses questions of human rights and due process protections in both domestic and international law. In Part 3 the essays are addressed to core issues in sentencing and punishment: they explore questions of equality, proportionality, adherence to the rule of law, the totality principle (in respect of multiple offences), wrongful acquittals, and unduly lenient sentences. Together they demonstrate how important Ashworth's work has been in shaping how we think about criminal law and criminal justice, and make their own invaluable contribution to contemporary discussions of criminalization and punishment.