Download or read book Aggravation Mitigation and Mercy in English Criminal Justice written by Nigel Walker and published by Blackstone Press. This book was released on 1999 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a comment on the justification for sentences, this work refutes jurisprudential attacks on the propriety of mercy, and discusses the shortcomings of the Court of Appeal's approaches to consistency and other principles of sentencing. The appendices list "guideline cases" and definitions of "seriousness" for the purpose of different statutes.
Download or read book Mitigation and Aggravation at Sentencing written by Julian V. Roberts and published by Cambridge University Press. This book was released on 2011-08-25 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative volume explores a fundamental issue in the field of sentencing: the factors which make a sentence more or less severe. All sentencing systems allow courts discretion to consider mitigating and aggravating factors, and many legislatures have placed a number of such factors on a statutory footing. Yet many questions remain regarding the theory and practice of mitigation and aggravation. Drawing on legal and sociological perspectives and examining mitigation and aggravation in various jurisdictions, the essays provide practical illustrations of specific factors as well as theoretical justifications. After the foreword by Andrew von Hirsch, a number of contributors address broad conceptual issues raised at sentencing. These contributions are followed by several empirical chapters including an exploration of personal mitigation in English courts. The authors are leading scholars from a range of common law jurisdictions including England and Wales, the United States, Canada, Australia, New Zealand and South Africa.
Download or read book Crime and Punishment in Britain written by Nigel Walker and published by AldineTransaction. This book was released on 2010-02-01 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, first published in 1965, describes the British penal system as it existed in the 1960s. It describes how the system defined, accounted for, and disposed of offenders. As an early work in criminology, it focuses on differences between, and changes in, the views held by legislators, lawyers, philosophers, and the man in the street on the topic of crime and punishment. Walker is interested in the extent to which their views reflect the facts established and the theories propounded by psychologists, anthropologists, and sociologists. The confusion between criminologists and penal reformers was initially encouraged by criminologists themselves, many of whom were penal reformers. Strictly speaking, penal reform, according to Walker, was a spare-time occupation for criminologists, just as canvassing for votes is an ancillary task for political scientists. The difference is that the criminologists spare-time occupation is more likely to take a "moral" form, and when it does so it is more likely to interfere with what should be purely criminological thoughts. The machinery of justice involves the interaction of human beings in their roles of victim, offender, policeman, judge, supervisor, or custodian, and there must be a place for human sympathy in the understanding, and still more in the treatment, of individual offenders. This book is concerned with the efficiency of the system as a means to these ends. One of the main reasons why penal institutions have continued to develop more slowly than other social services is that they are a constant battlefield between emotions and prejudices. This is a great empirical study; against which the policy-maker and criminologist can measure progress or regression in British criminals and punishments. Nigel Walker is Emeritus Wolfson Professor of Criminology and former director of the Institute of Criminology at the University of Cambridge. He is the author of numerous books, including A Man without Loyalties; Behavior and Misbehavior; and Aggravation, Mitigation, and Mercy in English Criminal Justice.
Download or read book Sentencing in International Criminal Law written by Silvia D'Ascoli and published by Bloomsbury Publishing. This book was released on 2011-04-01 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with sentencing in international criminal law, focusing on the approach of the UN ad hoc Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). In contrast to sentencing in domestic jurisdictions, and in spite of its growing importance, sentencing law is a part of international criminal law that is still 'under construction' and is unregulated in many aspects. International sentencing law and practice is not yet defined by exact norms and principles and as yet there is no body of international principles concerning the determination of sentence, notwithstanding the huge volume of sentencing research and the extensive modern debate about sentencing principles. Moreover international judges receive very little guidance in sentencing matters: this contributes to inconsistencies and may increase the risk that similar cases will be sentenced in different ways. One purpose of this book is to investigate and evaluate the process of international sentencing, especially as interpreted by the ICTY and the ICTR, and to suggest a more comprehensive and coherent system of guiding principles, which will foster the development of a law of sentencing for international criminal justice. The book discusses the law and jurisprudence of the ad hoc Tribunals, and also presents an empirical analysis of influential factors and other data from ICTY and ICTR sentencing practice, thus offering quantitative support for the doctrinal analysis. This publication is one of the first to be entirely devoted to the process of sentencing in international criminal justice. The book will thus be of great interest to practitioners, academics and students of the subject.
Download or read book Exploring Sentencing Practice in England and Wales written by J. Roberts and published by Springer. This book was released on 2015-02-27 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the theory and practice of sentencing in England and Wales, exploring issues such as the role of previous convictions, offender remorse and sentencing female offenders, as well as drawing upon a new and unique source of data from the Crown courts.
Download or read book Issues of Law and Justice in Singapore written by Daniel Koh and published by Armour Publishing Pte Ltd. This book was released on 2009 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book Sentencing and Punishment written by Susan Easton and published by Oxford University Press. This book was released on 2016 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: Balanced coverage, supportive learning features, and a chance to dive into all the key theories and debates: the essential guide for sentencing and punishment students. Examining the theory behind the headlines and engaging with all the current debates. Sentencing and Punishment provides thoughtful, reliable, and unbiased coverage of sentencing and punishment in the UK to make the perfect companion for your course. Thorough and systematic approach, Topics examined from legal, philosophical, and practical perspectives, In-depth and detailed coverage, covering both sentencing and punishment, to match to UK courses, Discussion questions, case studies, and sentencing exercises in each chapter so you can apply your knowledge, Fully reworked, restructured, and updated incorporating changes following the 2015 general election Book jacket.
Download or read book Contemporary Challenges to Criminal Justice written by Paul Behrens and published by Bloomsbury Publishing. This book was released on 2023-12-28 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study provides a critical examination of seminal issues within the main areas of criminal justice: its theoretical framework, domestic and comparative criminal justice, transnational and international criminal law. Exploring some of the most interesting challenges arising in these fields, it examines the impact of 'public morality' on sentencing policy, murder and the mandatory life sentence, genocide and the notion of magnitude and incitement to terrorism. Taking an approach that is fully integrated in contemporary criminal justice scholarship, it offers a diverse and expert perspective. With a comprehensive introduction and conclusion drawing the various strands together, it offers a rigorous, coherent overview of the key issues in play in contemporary international criminal justice. This diversity and expertise ensures its appeal to a large audience of students, scholars and practitioners of criminal justice around the world.
Download or read book The Oxford Handbook of Philosophy of Criminal Law written by John Deigh and published by Oxford University Press. This book was released on 2011-09-22 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title contains 17 original essays by leading thinkers in the field and covers the field's major topics including limits to criminalization, obscenity and hate speech, blackmail, the law of rape, attempts, accomplice liability, causation responsibility, justification and excuse, duress, and more.
Download or read book The Penal Landscape written by Anita Dockley and published by Routledge. This book was released on 2013-07-18 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Howard League for Penal Reform is committed to developing an effective penal system which ensures there are fewer victims of crime, has a diminished role for prison and creates a safer community for all. In this collection of ten papers, the charity has brought together some of the most prominent academic experts in the field to map out what is happening in a specific area of criminal justice policy, ranging from prison privatisation to policing and the role of community sentences. The Howard League guide has two main aims: first it seeks to paint a picture of the current state of the penal system, using its structures, processes and the specific groups affected by the system as the lens for analysis. However, each author also seeks to identify the challenges and gaps in understanding that should be considered to predicate a move towards a reduced role for the penal system, and prison in particular, while maintaining public confidence and safer communities. In doing so, we hope to inspire researchers and students alike to develop new research proposals that challenge the status quo and seek to create the Howard League’s vision for the criminal justice system with less crime, safer communities, fewer people in prison.
Download or read book Death Penalty Mitigation written by Jose B. Ashford and published by Oxford University Press. This book was released on 2013-10-03 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook examines theoretical frameworks and concepts from the social sciences with implications for guiding the identification, evaluation, and presentation of mitigation evidence.
Download or read book Why Punish written by Rob Canton and published by Bloomsbury Publishing. This book was released on 2017-09-16 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do we punish? Is it because only punishment can achieve justice for victims and 'right the wrong' of a crime? Or is it justified because it reduces crime, by deterring potential offenders, offering rehabilitative treatment to others and incapacitating the most dangerous? The complex answers to this enduring question vary across time and place, and are directly linked to people's personal, cultural, social, religious and ethical commitments and even their sense of identity. This unique introduction to the philosophy of punishment provides a systematic analysis of the themes of retribution, deterrence, rehabilitation, incapacitation and restorative justice. Integrating philosophical, sociological, political and ethical perspectives, it provides a thorough and wide-ranging discussion of the purposes, meanings and justifications of punishment for crime and the extent to which punishment does, could or should live up to what it claims to achieve. Why Punish? challenges criminology and criminal justice students as well as policy makers, judges, magistrates and criminal justice practitioners to think more critically about the role of punishment and the moral principles that underpin it. Bridging abstract theory with the realities of practice, Rob Canton asks what better punishment would look like and how it can be achieved.
Download or read book Crime and Criminal Justice written by Ian Marsh and published by Routledge. This book was released on 2011-05-09 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crime and Criminal Justice provides students with a comprehensive and engaging introduction to the study of criminology by taking an interdisciplinary approach to explaining criminal behaviour and criminal justice. The book is divided into two parts, which address the two essential bases that form the discipline of criminology. Part One describes, discusses and evaluates a range of theoretical approaches that have offered explanations for crime, drawing upon contributions from the disciplines of sociology, psychology, and biology. It then goes on to apply these theories to specific forms of criminality. Part Two offers an accessible but detailed review of the major philosophical aims and sociological theories of punishment, and examines the main areas of the contemporary criminal justice system – including the police, the courts and judiciary, prisons, and more recent approaches to punishment. Presenting a clear and thorough review of theoretical thinking on crime, and of the context and current workings of the criminal justice system, this book provides students with an excellent grounding in the study of criminology.
Download or read book Crime Punishment and Responsibility written by Rowan Cruft and published by Oxford University Press. This book was released on 2011-07-14 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many years, Antony Duff has been one of the world's foremost philosophers of criminal law. This volume collects essays by leading criminal law theorists to explore the principal themes in his work. In a response to the essays, Duff clarifies and develops his position on central problems in criminal law theory. Some of the essays concentrate on the topic of criminalization. That is, they examine what forms of conduct (including attempts, offensiveness, and negligence) can aptly qualify as criminal offences, and what principled limits, if any, should be placed on the reach of the criminal law. Several of the other essays assess the thesis that punishment is justifiable as a form of communication between offenders and their community. Those essays examine the presuppositions (about the nature and function of community, and about the moral structure of atonement) that must be embraced if communication is to be a primary role for punishment. The remaining essays examine the nature and limits of responsibility in the law, as they engage with philosophical debates over 'moral luck' by investigating the ways in which the law can legitimately hold people responsible for events that were not within their control. These chapters tie the first and third parts of the book together, as they explore the relationship between the principles that determine a person's responsibility and the principles that determine which types of actions can appropriately be criminalized. Finally, Duff responds with comments that seek to defend and clarify his views while also acknowledging the correctness of some of the critics' objections.
Download or read book Sentencing Multiple Crimes written by Jesper Ryberg and published by Oxford University Press. This book was released on 2018 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most people assume that criminal offenders have only been convicted of a single crime. However, in reality almost half of offenders stand to be sentenced for more than one crime. The high proportion of multiple crime offenders poses a number of practical and theoretical challenges for the criminal justice system. For instance, how should courts punish multiple offenders relative to individuals who have been sentenced for a single crime? How should they be punished relative to each other? Sentencing Multiple Crimes discusses these questions from the perspective of several legal theories. This volume considers questions such as the proportionality of the crimes committed, the temporal span between the crimes, and the relationship between theories about the punitive treatment of recidivists and multiple offenders. Contributors from around the world and in the fields of legal theory, philosophy, and psychology offer their perspectives to the volume. A comprehensive examination of the dynamics involved with sentencing multiple offenders has the potential to be a powerful tool for legal scholars and professionals, particularly given the practical importance of the topic and the relative dearth of research about punishment of multiple offense cases.
Download or read book Doing Justice Preventing Crime written by Michael Tonry and published by Oxford University Press. This book was released on 2020-06-01 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Punishment policies and practices in the United States today are unprincipled, chaotic, and much too often unjust. The financial costs are enormous. The moral cost is greater: countless individual injustices, mass incarceration, the world's highest imprisonment rate, extreme disparities, especially affecting members of racial and ethnic minority groups, high rates of wrongful conviction, assembly line case processing, and a general absence of respectful consideration of offenders' interests, circumstances, and needs. In Doing Justice, Preventing Crime, Michael Tonry lays normative and empirical foundations for building new, more just, and more effective systems of sentencing and punishment in the twenty-first century. The overriding goals are to treat people convicted of crimes justly, fairly, and even-handedly; to take sympathetic account of the circumstances of peoples' lives; and to punish no one more severely than he or she deserves. Drawing on philosophy and punishment theory, this book explains the structural changes needed to uphold the rule of law and its requirement that the human dignity of every person be respected. In clear and engaging prose, Michael Tonry surveys what is known about the deterrent, incapacitative, and rehabilitative effects of punishment, and explains what needs to be done to move from an ignoble present to a better future.
