Download or read book Fox Freiberg s Sentencing written by Arie Freiberg and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Fox and Freiberg s Sentencing written by Arie Freiberg and published by . This book was released on 2014 with total page 1073 pages. Available in PDF, EPUB and Kindle. Book excerpt: Guidance on many complex & varied considerations which apply to sentencing matters. Freiberg focuses on Victorian & federal sentencing law with extensive coverage of appellate decisions in every Australian jurisdiction, particularly in relation to matters of general principle.
Download or read book How Judges Sentence written by Geraldine Mackenzie and published by Federation Press. This book was released on 2005 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Punishment Sentencing written by Mirko Bageric and published by Cavendish Publishing. This book was released on 2001-07 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sentencing is the most important area of law, yet ironically, it is also arguably the least coherent. This book suggests a way of introducing principle into sentencing by bridging the gap between the philosophical justification for punishment and sentencing law and practice.
Download or read book Sentencing written by Richard George Fox and published by Oxford University Press, USA. This book was released on 1999 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the long-awaited second edition of Australia's leding text on the law of sentencing. It examines sentencng principles of general application thoughout Australia, as well as the law applicable to the sentencing of federal offenders.
Download or read book Sentencing Rape written by Graeme Brown and published by Bloomsbury Publishing. This book was released on 2020-05-14 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an in-depth comparative study of sentencing practice for rape in six common law jurisdictions: England and Wales, Scotland, Ireland, Canada, New Zealand, and South Africa. It provides a thorough review of the medical literature on the physical and psychological effects of rape, the legal and philosophical literature on the seriousness of the offence, and the victim's role in sentencing. Given the increasingly common practice of perpetrators using mobile and online technologies to film or photograph the commission of sexual offences, the book examines recent socio-legal research on technology-facilitated sexual violence and considers the implications for sentencing. By building on recent scholarship on judicial decision making in sentencing and case law – comprising over 250 decisions of the relevant appellate courts – the book explores and critically analyses judicial approaches to rape sentencing. The analysis is undertaken with a view to suggesting possible reforms to rape sentencing in 'non-guideline' jurisdictions. In so doing, this book seeks to establish general principles for sentencing rape, assisting in the imposition of proportionate sentences. This book will be of interest to judges and practising lawyers; to those researching criminal law, criminal justice, criminology, and gender studies; and to policy makers, including sentencing councils and commissions, in common law jurisdictions worldwide.
Download or read book The Role of the Media in Criminal Justice Policy written by Natalia Antolak-Saper and published by Taylor & Francis. This book was released on 2022-09-09 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a socio-legal examination of the media’s influence on the development and implementation of criminal justice policy. This impact is often assumed. And, especially in the wake of high-profile crimes, the press is routinely observed calling for sentences to be harsher, and for governments to be tougher on crime. But how do we know that there is a connection? To answer this question, the book draws on a case study of the media reporting of the rape and murder of Jill Meagher in Melbourne, Australia; as well as other well-known cases, including those of James Bulger, Sarah Payne, Stephen Lawrence and Michael Brown, among others. Deploying a socio-legal framework to examine how the media’s often powerful and emotive narratives play a crucial role in the development and implementation of law, the book provides a deep and critical reflection on its influence. The book concludes with a number of suggestions for media reform: both to moderate the media’s influence, and to incorporate a broader range of viewpoints. This multi-disciplinary book will appeal to scholars and students in sociolegal studies, criminology and criminal law as well as those working in relevant areas in sociology and media studies.
Download or read book Principles of Sentencing written by Geraldine Mackenzie and published by . This book was released on 2010 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Sentencing and Criminal Justice written by Andrew Ashworth and published by Bloomsbury Publishing. This book was released on 2021-07-15 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: This revised and updated new edition focuses on major developments in sentencing law, practice and theory. Sentencing in England and Wales is now dominated by Sentencing Council guidelines, and scrutiny of those guidelines is central to this book. Issues of principle are identified and discussed, to include the constitutional position of the Sentencing Council; the meaning of, and challenges to, proportionality; and the sentencing of BAME offenders and women offenders. The book welcomes the new Sentencing Code, introduced as the Sentencing Act 2020, and critically examines the government's plans for sentencing reform, set out in the 2020 White Paper A Smarter Approach to Sentencing. Throughout the book, sentencing is explored in its wider criminal justice context – making it essential reading for courses on sentencing, criminal justice and criminal law.
Download or read book Plea Negotiations written by Asher Flynn and published by Springer. This book was released on 2018-07-24 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite a popular view that trials are the focal point of the criminal justice process, in reality, the most frequent way a criminal matter resolves is not through a fiercely fought battle between state and defendant, but instead through a process of negotiation between the prosecution and defence, resulting in a defendant pleading guilty in exchange for agreed concessions from the prosecution. This book presents an original empirical case-study of plea negotiations drawing upon interviews with legal actors and an analysis of defence practitioner case files, to shine light on the processes and ways in which an agreed outcome is reached in criminal prosecutions, within the setting of a jurisdiction, like many others world-wide, which is suffering major shifts in state resources. Plea negotiations, also referred to as “plea bargaining”, “negotiated guilty pleas” and “negotiated resolutions” are neither an alloyed benefit nor a detriment for defendants, victims or the criminal justice system generally, and like all compromises, this book shows how the perfect “justice” outcome gives way to the good, or just the reasonably acceptable justice outcome.
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: Sentencing Multiple Crimes confronts the practical and theoretical challenges for the criminal justice system when punishing multiple crime offenders, including 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. It provides a comprehensive examination of the dynamics involved with sentencing multiple offenders from the perspective of several legal theories.
Download or read book Australian Cartel Regulation written by Caron Beaton-Wells and published by Cambridge University Press. This book was released on 2011-04-25 with total page 651 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cartel regulation is a prime element of competition policy and an essential means of minimising the adverse effects of cartel activity on economic welfare. However, effective cartel regulation poses distinct challenges for governments, competition authorities and commentators across the globe. In Australian Cartel Regulation, leading competition law experts Caron Beaton-Wells and Brent Fisse reflect on developments in anti-cartel law in Australia over the last 30 years. They provide a comprehensive account of the current law on cartels as well as discussing key issues that may arise in the future. This definitive volume not only identifies the practical and theoretical issues, but also recommends workable solutions, and does so with the benefit of comparative analysis of the anti-cartel laws of major overseas jurisdictions. Many of the issues identified and discussed in Australian Cartel Regulation are common to any scheme designed to regulate cartel conduct.
Download or read book Sentencing and Society written by Cyrus Tata and published by Taylor & Francis. This book was released on 2017-03-02 with total page 631 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining the latest work of leading sentencing and punishment scholars from twelve different countries, this major new international volume answers key questions in the study of sentencing and society. It presents not only a rigorous examination of the latest legal and empirical research from around the world, but also reveals the workings of sentencing within society and as a social practice. Traditionally, work in the field of sentencing has been dominated by legal and philosophical approaches. Distinctively, this volume provides a more sociological approach to sentencing: so allowing previously unanswered questions to be addressed and new questions to be opened. This extensive collection is drawn from around one third of the papers presented at the First International Conference on Sentencing and Society. Almost without exception, the chapters have been revised, cross-referenced and updated. The overall themes and findings of the international volume are set out by the opening "Introduction" and the closing "Reflections" chapters. Research findings on particular penal policy questions are balanced with an analysis of fundamental conceptual issues, making this international volume essential reading for: sentencing and punishment scholars, criminal justice policy-makers, and graduate students.
Download or read book Judicial Decision Making Sentencing Policy and Numerical Guidance written by Austin Lovegrove and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes an original, empirical study of judicial decision making. The process of determining sentences is a difficult one for judges and often unnecessarily intuitive, subjective, and complex. 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. The primary purpose of this model of judicial decision making is to provide a framework for scaling the seriousness of any single case in relation to the facts of that case and for relating this assessment to the appropriate quantum of sentence. The validity of the model is tested and cross-validated in an archival study. This innovative research serves as an important prototype for a system of numerical guidance to judges and sentencers.
Download or read book Securing Compliance written by Karen Yeung and published by Bloomsbury Publishing. This book was released on 2004-02-01 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bargaining, negotiation and civil penalty sanctions together constitute central techniques used by regulators in securing compliance with the law. This book is a timely exploration of these practices, constructing a principled framework for evaluating their legitimacy and thereby drawing into sharper focus the importance of the constitutional principles in regulatory compliance. Although Australian competition law provides the focal point of the book, its analysis and critique is equally applicable to other competition law regimes and to other areas of business regulation. While there are numerous empirical studies of regulatory enforcement, this book introduces a normative dimension to the debate by seeking to identify whether there are certain principled and ethical limits that inform and circumscribe the limits of legitimate enforcement practice. It is likely to be of interest to scholars in the fields of public law, criminology, economics, and regulation, and may also be of considerable assistance to legal practitioners in providing a principled, legal foundation from which to draw in their dealings with regulators.
Download or read book Sentencing and Sanctions in Western Countries written by Michael H. Tonry and published by Oxford University Press, USA. This book was released on 2001 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: 11. The Project of Sentencing Reform
Download or read book Parole on Probation written by Robin Fitzgerald and published by Springer Nature. This book was released on 2022-12-03 with total page 109 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores key issues in relation to parole and public opinion, including the relevance of public opinion to parole boards decision-making and strategies for increasing public confidence in parole. It presents the findings of semi-structured interviews with 80 members of parole authorities in 12 jurisdictions, across Australia, New Zealand, Canada and Scotland. Unlike judicial processes, which are open to the public, there is little awareness of and research on the work of parole authorities. This book therefore shines a light on a little-understood, but hotly-contested, aspect of the criminal justice system. Specifically, it explores differences across the study jurisdictions and considers how parole authorities in the four study countries view public attitudes, as well as the role of the media in shaping public attitudes towards parole. The book also considers whether public reaction matters for parole board decision-making and the interplay between informing the public and offender reintegration. It explores a range of strategies which may improve public confidence in parole and therefore the criminal justice system more broadly. This includes consideration of the value, definition and possibility of public confidence. The authors then discuss both passive forms, such as parole authority websites, publication of decisions and social media, before examining active forms of engagement, including an information/liaison officer, roadshows and community fora.
