Download or read book Sentencing A Social Process written by Cyrus Tata and published by Springer Nature. This book was released on 2019-12-28 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book asks how we should make sense of sentencing when, despite huge efforts world-wide to analyse, critique and reform it, it remains an enigma.Sentencing: A Social Process reveals how both research and policy-thinking about sentencing are confined by a paradigm that presumes autonomous individualism, projecting an artificial image of sentencing practices and policy potential. By conceiving of sentencing instead as a social process, the book advances new policy and research agendas. Sentencing: A Social Process proposes innovative solutions to classic conundrums, including: rules versus discretion; aggravating versus mitigating factors; individualisation versus consistency; punishment versus rehabilitation; efficient technologies versus the quality of justice; and ways of reducing imprisonment.
Download or read book Sentencing and Criminal Justice written by Andrew Ashworth and published by Cambridge University Press. This book was released on 2010-02-04 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 The Criminal Law of Scotland written by Gerald H. Gordon and published by . This book was released on 2000 with total page 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 297 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 Penal Populism Sentencing Councils and Sentencing Policy written by Arie Freiberg and published by Routledge. This book was released on 2014-03-05 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public outcries and political platforms based on misinformation and misconceptions about the criminal justice system and current sentencing practice occur all too often in democratic societies. Penal Populism, Sentencing Councils and Sentencing Policy attempts to address this problem by bringing together important contributions from a number of distinguished experts in the field. Penal Populism presents theoretical perspectives on the role of the public in the development of sentencing policy. It places particular emphasis on the emerging role of sentencing commissions, advisory councils or panels in a number of English speaking countries: Australia, New Zealand, the United States, the United Kingdom, Scotland and South Africa. The book explains, expands and develops the existing literature that looks at public attitudes to justice and the role that the 'public' can play in influencing policy. Written in a scholarly yet accessible style, Penal Populism asks the critical questions: should 'public opinion', or preferably, 'public judgment' be relevant to court decision-making, to institutional decision-making and to the political process? And if so, how?
Download or read book Harnessing the Power of the Criminal Corpse written by Sarah Tarlow and published by Springer. This book was released on 2018-05-17 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book is the culmination of many years of research on what happened to the bodies of executed criminals in the past. Focusing on the eighteenth and nineteenth centuries, it looks at the consequences of the 1752 Murder Act. These criminal bodies had a crucial role in the history of medicine, and the history of crime, and great symbolic resonance in literature and popular culture. Starting with a consideration of the criminal corpse in the medieval and early modern periods, chapters go on to review the histories of criminal justice, of medical history and of gibbeting under the Murder Act, and ends with some discussion of the afterlives of the corpse, in literature, folklore and in contemporary medical ethics. Using sophisticated insights from cultural history, archaeology, literature, philosophy and ethics as well as medical and crime history, this book is a uniquely interdisciplinary take on a fascinating historical phenomenon.
Download or read book The law and practice of sentencing in Scotland written by C. G. B. Nicholson and published by . This book was released on 1985 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book An Essay on Crimes and Punishments written by Cesare Beccaria and published by The Lawbook Exchange, Ltd.. This book was released on 2006 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the fourth edition, which contains an additional text attributed to Voltaire. Originally published anonymously in 1764, Dei Delitti e Delle Pene was the first systematic study of the principles of crime and punishment. Infused with the spirit of the Enlightenment, its advocacy of crime prevention and the abolition of torture and capital punishment marked a significant advance in criminological thought, which had changed little since the Middle Ages. It had a profound influence on the development of criminal law in Europe and the United States.
Download or read book Law for Criminologists written by Ursula Smartt and published by SAGE. This book was released on 2008-11-13 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: ′This book is a triumph in its clarity, scholarship and sheer scope. It is increasingly vital that criminologists understand crime and the criminal justice system in depth, and Ursula Smartt unmasks the mysteries and lays bare the complexities of law like few other writers on the subject. This is the book on criminal law that should be on the shelf of everyone connected to the criminal law′ - Baroness Helena Kennedy QC ′Law for Criminologists is a timely and concise introduction for those in criminology and law. Combining accessibility and scholarship, it will be welcomed by students and lecturers alike′ - Dr Azrini Wahidin, Reader and Programme Director for Criminology, Queen′s University Belfast ′Highly informative, comprehensive and reader-friendly - this groundbreaking book is essential reading for all who are engaged in the study of criminology′ - Peter Joyce, Manchester Metropolitan University This practical guide introduces students to the basic principles of the law, enabling a comprehensive understanding of criminology and criminal justice. Law for Criminologists will enthuse the student and teacher about the law whilst giving sound advice on how to achieve a thorough comprehension of the topic. Striking a much-needed balance between essential law for criminologists, and commentary on current legal issues, this book provides the reader with a full understanding of: " the workings of the law in England, Wales, Scotland and Northern Ireland " the European Union legal frameworks " the law of evidence and the criminal process " punishment and sentencing " human rights issues " the differences between youth justice and adult criminal legislation " how to undertake independent legal research and further reading in the discipline. Packed with extensive learning aids including case studies, boxed notes, sample examination questions, appendices of statutes and cases and a comprehensive glossary, this book is vital for all students in criminology and criminal justice. As well as an extensive foreword by Baroness Helena Kennedy QC.
Download or read book The Law and Practice of Sentencing in Scotland written by C. G. B. Nicholson and published by . This book was released on 1981 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Criminal Justice in Scotland written by Hazel Croall and published by Routledge. This book was released on 2012-08-21 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: `Criminal Justice in Scotland makes a valuable and timely contribution to the growing field of comparative criminology.' Pat Carlen, Professor of Criminology, University of Kent.
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 323 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 Crime Justice and Social Order written by Alison Liebling and published by Oxford University Press. This book was released on 2022 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: To honour the extraordinary contribution of Professor Anthony Edward Bottoms to criminology and criminal justice, leading criminologists and penal scholars have been asked to contribute original essays on the wide range of areas in which he has written. The book starts by reflecting on the depth and breadth of Anthony's contribution and his melding of perspectives from moral philosophy, social theory, empirical social science research, and criminal justice. This is no ordinary collection, because it also contains a major essay by Anthony Bottoms, on Criminology and 'positive morality', reflecting on social order and social norms. In similar vein, Jonathan Jacobs approaches criminology from a moral philosophical viewpoint, whilst Ian Loader and Richard Sparks ponder social theory and contemporary criminology. Topically, Peter Neyroud reflects on evidence-based practice and the process of trying to do experiments in relation to policing. In the second section of the book on Crime, Justice, and Communities, Loraine Gelsthorpe reminds us that justice is about people, in considering the treatment of women in community justice. Joanna Shapland draws parallels between the process of desistance from crime and the potential role of restorative justice in affecting offenders' journeys. P.-O. Wikstrom reflects on the social ecology of crime, whilst Antje Du Bois Pedain considers the theoretical and practical challenges of sentencing constructively. Finally, the book turns to Anthony Bottoms' major interest in punishment and penal order. David Garland puts penal populism under the microscope, whilst Alison Liebling explores the empirical evidence for theories of penal legitimacy. Mike Nellis looks back at the use of the creative arts in prisons in Scotland's Barlinnie Unit, whilst Justice Tankebe explores police legitimacy.
Download or read book Penal Populism written by John Pratt and published by Routledge. This book was released on 2007-02-12 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following the USA, in many Western countries over the last decade, prison rates have increased while crime rates have declined. This key book examines the role played by penal populism on this and other trends in contemporary penal policy.
Download or read book Probation in Europe written by A. M. van Kalmthout and published by . This book was released on 2008 with total page 1181 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Scotland s Constitution Law and Practice written by Chris Himsworth and published by Bloomsbury Publishing. This book was released on 2021-03-10 with total page 819 pages. Available in PDF, EPUB and Kindle. Book excerpt: A clear, comprehensive account of Scottish constitutional law within its UK and European context. It describes and analyses constitutional arrangements while integrating that analysis with a general background to constitutional law and the UK institutions which have a continuing relevance for the government of Scotland. This highly regarded text considers law-making powers for Scotland, the legislative process at Westminster and at Holyrood, the accountability and scrutiny of government, the independence of the judiciary and the role of the courts in interpreting and adjudicating upon constitutional and administrative law questions. The fourth edition has been fully updated throughout and includes: · An update on the Scottish devolution settlement, including the changes made by the Scotland Act 2016 in the field of social security. · A new chapter covering the Brexit referendum, the withdrawal negotiations between the UK and the EU and Brexit litigation - with a particular focus on Brexit's impact on Scottish constitutional arrangements. · Coverage of new case law since the last edition in the area of judicial review and specifically on devolution.
