Cases and Materials on the Law and Policy of Sentencing, Lynn Branham
Автор: Lynn Branham Название: The Law and Policy of Sentencing and Corrections in a Nutshell ISBN: 1683283341 ISBN-13(EAN): 9781683283348 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 51750.00 T Наличие на складе: Невозможна поставка. Описание: Explores a range of sentencing-related topics, including the principal purposes of criminal sentences, restorative justice, guilty pleas and plea bargaining, rights during sentencing proceedings, sentencing factors, different ways to structure sentencing systems, community-based sentencing options, the death penalty, parole release, probation and parole revocation, and enmeshed penalties.
Автор: Austin Lovegrove Название: Judicial Decision Making, Sentencing Policy, and Numerical Guidance ISBN: 1468470825 ISBN-13(EAN): 9781468470826 Издательство: Springer Рейтинг: Цена: 46570.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book describes an original, empirical study of judicial decision making. The present study introduces a conceptual outline and empirical technique for increasing the precision of sentencing policy, thus offering an aid to judges who sentence in the light of this policy.
Автор: Graeme Brown Название: Criminal Sentencing as Practical Wisdom ISBN: 1509902619 ISBN-13(EAN): 9781509902613 Издательство: Bloomsbury Academic Рейтинг: Цена: 126720.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
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.
Автор: Zaibert Название: Punishment and Retribution ISBN: 1138264067 ISBN-13(EAN): 9781138264069 Издательство: Taylor&Francis Рейтинг: Цена: 57150.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Punishment is a phenomenon which occurs in many contexts. Discussions of punishment assume punishment is criminal punishment carried out by the State. This book contains an account of punishment which overcomes the difficulties of competing accounts and treats punishment comprehensibly to better understand how it differs from similar phenomena, discussing its justification fruitfully.
Автор: Hannah Maslen Название: Remorse, Penal Theory and Sentencing ISBN: 1509915435 ISBN-13(EAN): 9781509915439 Издательство: Bloomsbury Academic Рейтинг: Цена: 28500.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This monograph addresses a contested but under-discussed question in the field of criminal sentencing: should an offender`s remorse affect the sentence he or she receives?
Автор: Victor Streib, Sam Kamin, Justin Marceau Название: Death Penalty in a Nutshell ISBN: 1634603028 ISBN-13(EAN): 9781634603027 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 51750.00 T Наличие на складе: Невозможна поставка. Описание: Covers both the substantive and procedural law of capital cases, along with relevant history, jurisprudence and constitutional law. This volume addresses international issues, the complex role of defense counsel, systemic bias, and execution of the innocent. Statutory and case law, as well as all relevant data, are current as of mid-2016.
Автор: Elspeth Kaiser-Derrick Название: Implicating the System: Judicial Discourses in the Sentencing of Indigenous Women ISBN: 0887558283 ISBN-13(EAN): 9780887558283 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 29220.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Indigenous women continue to be overrepresented in Canadian prisons; research demonstrates how their overincarceration and often extensive experiences of victimization are interconnected with and through ongoing processes of colonization. Implicating the System: Judicial Discourses in the Sentencing of Indigenous Women explores how judges navigate these issuesin sentencing by examining related discourses in selected judgments from a review of 175 decisions.The feminist theory of the victimization-criminalization continuum informs Elspeth Kaiser-Derrick's work. She examines its overlap with the Gladue analysis, foregrounding decisions that effectively integrate gendered understandings of Indigenous women's victimization histories, and problematizing those with less contextualized reasoning. Ultimately, she contends that judicial usage of the victimization-criminalization continuum deepens the Gladue analysis and augments its capacity to further its objectives of alternatives to incarceration. Kaiser-Derrick discusses how judicial discourses about victimization intersect with those about rehabilitation and treatment, and suggests associated problems, particularly where prison is characterized as a place of healing. Finally, she shows how recent incursions into judicial discretion, through legislative changes to the conditional sentencing regime that restrict the availability of alternatives to incarceration, are particularly concerning for Indigenous women in the system.
Автор: Andreas von Hirsch Название: Deserved Criminal Sentences ISBN: 150990266X ISBN-13(EAN): 9781509902668 Издательство: Bloomsbury Academic Рейтинг: Цена: 79200.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book provides an accessible and systematic restatement of the desert model for criminal sentencing by one of its leading academic exponents. The desert model emphasises the degree of seriousness of the offender's crime in deciding the severity of his punishment, and has become increasingly influential in recent penal practice and scholarly debate. It explains why sentences should be based principally on crime-seriousness, and addresses, among other topics, how a desert-based penalty scheme can be constructed; how to gauge punishments' seriousness and penalties' severity; what weight should be given to an offender's previous convictions; how non-custodial sentences should be scaled; and what leeway there might be for taking other factors into account, such as an offender's need for treatment. The volume will be of interest to all those working in penal theory and practice, criminal sentencing and the criminal law more generally.
Автор: Jan W de Keijser, Julian V Roberts, Jesper Ryberg Название: Predictive Sentencing: Normative and Empirical Perspectives ISBN: 1509921419 ISBN-13(EAN): 9781509921416 Издательство: Bloomsbury Academic Рейтинг: Цена: 95040.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Predictive Sentencing addresses the role of risk assessment in contemporary sentencing practices. Predictive sentencing has become so deeply ingrained in Western criminal justice decision-making that despite early ethical discussions about selective incapacitation, it currently attracts little critique. Nor has it been subjected to a thorough normative and empirical scrutiny. This is problematic since much current policy and practice concerning risk predictions is inconsistent with mainstream theories of punishment. Moreover, predictive sentencing exacerbates discrimination and disparity in sentencing. Although structured risk assessments may have replaced 'gut feelings', and have now been systematically implemented in Western justice systems, the fundamental issues and questions that surround the use of risk assessment instruments at sentencing remain unresolved. This volume critically evaluates these issues and will be of great interest to scholars of criminal justice and criminology.
Автор: Cox Alexandra Название: Trapped in a Vice: The Consequences of Confinement for Young People ISBN: 0813570468 ISBN-13(EAN): 9780813570464 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 32560.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Winner of the 2019 Outstanding Book Award - ASC DCCSJ?Trapped in a Vice explores the consequences of a juvenile justice system that is aimed at promoting change in the lives of young people, yet ultimately relies upon tools and strategies that enmesh them in a system that they struggle to move beyond. The system, rather than the crimes themselves, is the vice. Trapped in a Vice explores the lives of the young people and adults in the criminal justice system, revealing the ways that they struggle to manage the expectations of that system; these stories from the ground level of the justice system demonstrate the complex exchange of policy and practice.
This monograph considers the correlation between the relative success of retributive penal policies in English-speaking liberal democracies since the 1970s, and the practical evidence of increasingly excessive reliance on the penal State in those jurisdictions.
It sets out three key arguments. First, that increasingly excessive conditions in England and Wales over the last three decades represent a failure of retributive theory. Second, that the penal minimalist cause cannot do without retributive proportionality, at least in comparison to the limiting principles espoused by rehabilitation, restorative justice and penal abolitionism. Third, that another retributivism is therefore necessary if we are to confront penal excess. The monograph offers a sketch of this new approach, 'late retributivism', as both a theory of punishment and of minimalist political action, within a democratic society.
Centrally, criminal punishment is approached as both a political act and a policy choice. Consequently, penal theorists must take account of contemporary political contexts in designing and advocating for their theories. Although this inquiry focuses primarily on England and Wales, its models of retributivism and of academic contribution to democratic penal policy-making are relevant to other jurisdictions, too.
Автор: Andreas von Hirsch Название: Deserved Criminal Sentences ISBN: 1509930051 ISBN-13(EAN): 9781509930050 Издательство: Bloomsbury Academic Рейтинг: Цена: 30610.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book provides an accessible and systematic restatement of the desert model for criminal sentencing by one of its leading academic exponents. The desert model emphasises the degree of seriousness of the offender's crime in deciding the severity of his punishment, and has become increasingly influential in recent penal practice and scholarly debate. It explains why sentences should be based principally on crime-seriousness, and addresses, among other topics, how a desert-based penalty scheme can be constructed; how to gauge punishments' seriousness and penalties' severity; what weight should be given to an offender's previous convictions; how non-custodial sentences should be scaled; and what leeway there might be for taking other factors into account, such as an offender's need for treatment. The volume will be of interest to all those working in penal theory and practice, criminal sentencing and the criminal law more generally.
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