Download or read book Sentencing Practice in the Crown Court written by David Moxon and published by . This book was released on 1988 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Sentencing Guidelines written by Andrew Ashworth and published by . This book was released on 2013-07-18 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do sentencing guidelines affect judicial practice? Can public opinion influence the development of these guidelines and what role does the victim have? How do barristers use the guidelines in practice? These questions and more are addressed in this volume examining the English sentencing guidelines and how they function.
Download or read book Sentencing Guidelines written by Andrew Ashworth and published by OUP Oxford. This book was released on 2013-07-18 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: The politics of criminal sentencing has recently crystallised around the issue of whether and how a system of structured sentencing should inform judicial approaches to punishing criminals. Increasingly, structured sentencing guidelines are being introduce to frame judicial discretion. This volume is the first to examine the experience in England and Wales in the light of international developments. This collection of essays begins with a clear and concise history of the guidelines as well as a description of how they function. Topics addressed include the effect of guidelines on judicial practice, the role of public opinion in developing sentencing guidelines, the role of the crime victim in sentencing guidelines, and the use of guidelines by practicing barristers. In addition, the international dimension offers a comparative perspective: the English guidelines are explored by leading academics from the United States and New Zealand. Although there is a vast literature on sentencing guidelines across the United States, the English guidelines have attracted almost no attention from scholars. As other jurisdictions look to introduce more structure to sentencing, the English scheme offers a real alternative to current US schemes. Contributors include practicing lawyers, legal and socio-legal academics, and also scholars from several other countries including New Zealand and the United States, providing a multidisciplinary and cross-jurisdictional approach to sentencing. This book will be of interest to academics from law, sociology and criminology, legal practitioners, and indeed anyone else with an interest in sentencing, around the world.
Download or read book Sentencing and Society written by Cyrus Tata and published by Routledge. This book was released on 2017-03-02 with total page 591 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 Race and Sentencing written by Roger Hood and published by . This book was released on 1992 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first major study to examine whether race is a factor influencing the sentences imposed in the Crown Courts in England. Based on a large sample of cases, it reveals a complex and disturbing pattern of racial differences in the resort to custody, the lengths of sentences, and the choice of alternative punishments. The findings provide a challenge for considering how to eliminate the racial factor from sentencing practices.
Download or read book Sentencing and Criminal Justice written by Andrew Ashworth and published by Cambridge University Press. This book was released on 2005-11-03 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing unrivalled coverage of one of the most high-profile stages in the criminal justice process, this book examines the key issues in sentencing policy and practice. It provides an up-to-date account of the legislation on sentencing together with the ever-increasing amount of Court of Appeal case law. The law in relation to elements of the wider criminal justice system is examined, including the prison and probation services. The aim of the book is to examine English sentencing law in its context, drawing not only upon legislation and the decisions of the courts but also upon the findings of research and on theoretical justifications for punishment. This new edition has been extensively revised to integrate the new laws introduced by the Criminal Justice Act 2003, which has brought sweeping reforms into English sentencing.
Download or read book Race and Sentencing written by Roger Hood and published by . This book was released on 1992 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first major study to examine whether race is a factor influencing the sentences imposed in the Crown Courts in England. Based on a large sample of cases, it reveals a complex and disturbing pattern of racial differences in the resort to custody, the lengths of sentences, and the choice of alternative punishments. The findings provide a challenge for considering how to eliminate the racial factor from sentencing practices.
Download or read book Sentencing Practice in Magistrates Courts written by Roger Tarling and published by . This book was released on 1979 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: This item is only available from the Stationery Office's On-Demand service (August 2000)
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 407 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 Sentence Discounts and the Criminal Process written by Ralph J Henham and published by Routledge. This book was released on 2017-09-20 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2001: This volume presents the results of an empirical investigation into the operation of sentence discounts for guilty pleas in the Crown Court. It focuses primarily on the nature of judicial compliance with the S48 Criminal Justice and Public Order Act 1994 and those variables in sentence decision making which impact on this process. It also examines the relative use made of sentence discounts and the nature and relevance of court of appeal guidance. In doing so, it raises important theoretical issues relating to sentencing research and addresses the implications for sentencing policy and practice. With empirical research on the operation of the sentencing process being comparatively rare, the book should make an important contribution to the existing literature.
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 559 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 Reform written by Martin Wasik and published by Manchester University Press. This book was released on 1987 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Sentence of the Court written by Michael Watkins and published by Waterside Press. This book was released on 2003 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: A key text for sentencers and practitioners in local magistrates' courts of the UK produced in association with various key bodies in that field: readable and accessible, a good introduction to UK sentencing law and practice at the level of the justices of the peace.
Download or read book The Sentencing Process written by Martin Wasik and published by Dartmouth Publishing Company. This book was released on 1997 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is concerned with how information is provided for sentencers and how those decisions are made.
Download or read book Prescription for Justice written by Jack M. Kress and published by . This book was released on 1980 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Sentencing Policy and Social Justice written by Ralph Henham and published by Oxford University Press. This book was released on 2018-02-22 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Achieving Consistency in Sentencing written by Lyndon Harris and published by Oxford University Press. This book was released on 2022-08-29 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Sentencing Council of England and Wales has as its core aim to promote consistency in sentencing, with a developed system of appellate guidance at sentencing in addition to a narrative guidelines system which is now two decades old. As such, there is much to analyse and many lessons to be learned - for England and Wales and other jurisdictions. Consistency in sentencing is widely regarded to be an essential component of a fair sentencing system; but what does consistency mean exactly? In Achieving Consistency in Sentencing , the author maintains that consistency incorporates both substantive and procedural elements, focussing upon the proper application of principle. The notion of comparing 'like' cases is rejected as simplistic, impractical, and unprincipled. Lyndon Harris argues that a more principled approach reconciles the tension between consistency and individualised justice which has been suggested to exist. The author uses clear empirical evidence of inconsistency in sentencing to emphasize the crucial need for discretion during the sentencing exercise which, he argues, should be structured in a way that encourages sentences to be imposed in accordance with the principles underpinning the scheme while maintaining the ability to individualise sentences. Using England and Wales as a case study, this work analyses various methods of structuring discretion. The latter part of the book examines the interplay between the primary givers of guidance: Parliament, the Court of Appeal (Criminal Division), and the Sentencing Council and draws conclusions (good and bad) as to ways in which consistency can be achieved. Lyndon Harris identifies lessons to be learned while pointing out the strengths and deficiencies in the various devices used to guide sentencing judges when they are required to exercise their discretion. The book draws attention to the need for greater flexibility and structure while emphasising the work that needs to be done to address racial and gender inconsistencies in sentencing. Thus, while providing a theoretically sound critique of the concept, this monograph is of direct practical relevance to those studying or practising in sentencing systems worldwide.
