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Author : S. S. Terblanche
Publisher : Butterworth-Heinemann
Page : 688 pages
File Size : 40,9 Mb
Release : 1999
Category : Law
ISBN : STANFORD:36105062236265
Author : S. S. Terblanche
Publisher : Unknown
Page : 534 pages
File Size : 45,7 Mb
Release : 2007
Category : Sentences (Criminal procedure)
ISBN : 0409019046
Author : Stephanus Salomon Terblanche
Publisher : Unknown
Page : 534 pages
File Size : 52,5 Mb
Release : 2016
Category : Sentences (Criminal procedure)
ISBN : 0409122505
Author : James Morton
Publisher : Elsevier Science Limited
Page : 102 pages
File Size : 51,8 Mb
Release : 1990
Category : Sentences (Criminal procedure)
ISBN : 0080401171
Author : G. Feltoe
Publisher : Unknown
Page : 246 pages
File Size : 50,9 Mb
Release : 1990
Category : Sentences (Criminal procedure)
ISBN : UVA:X002303272
Author : Arie Freiberg,Karen Gelb
Publisher : Routledge
Page : 257 pages
File Size : 46,8 Mb
Release : 2014-03-05
Category : Social Science
ISBN : 9781317821847
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?
Author : South African Law Commission
Publisher : Unknown
Page : 200 pages
File Size : 44,8 Mb
Release : 2000
Category : Criminal justice, Administration of
ISBN : STANFORD:36105063138528
The South African sentencing system faces certain problems. There is a perception that like cases are not being treated alike; that sentencers do not give enough weight to certain serious offences; that South African restorative alternatives are not being provided for offenders being sent to prison for less serious offences; that sufficient attention is not being paid to the concerns of victims of crime; and that, largely because of overcrowding, sentenced prisoners are being released too readily. The Commission has accepted that there is substance to this criticism of the sentencing system and proposes a framework that in its view can remedy these problems to the greatest extent possible.
Author : James Midgley,Jan H. Steyn,Roland Graser
Publisher : Unknown
Page : 280 pages
File Size : 49,8 Mb
Release : 1975
Category : Crime
ISBN : STANFORD:36105036614068
Author : Dane Ally,Mabowa Thomas Mokoena
Publisher : Juta and Company Ltd
Page : 180 pages
File Size : 53,8 Mb
Release : 2013
Category : Criminal procedure
ISBN : 1485100879
Author : Graham Walters
Publisher : Unknown
Page : 97 pages
File Size : 41,8 Mb
Release : 1980
Category : Sentences (Criminal procedure)
ISBN : 0851204554
Author : South African Law Commission
Publisher : Unknown
Page : 132 pages
File Size : 42,9 Mb
Release : 2000
Category : Law
ISBN : STANFORD:36105062238659
Author : Shannon Vaughn Hoctor
Publisher : Kluwer Law International B.V.
Page : 282 pages
File Size : 48,6 Mb
Release : 2017-06-20
Category : Law
ISBN : 9789041194909
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in South Africa. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds to a detailed examination of the grounds for criminal liability, the justification of criminal offences, the defences that diminish or excuse criminal liability, the classification of criminal offences, and the sanctions system. Coverage of criminal procedure focuses on the organization of investigations, pre-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with South Africa. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative criminal law.
Author : Graeme Brown
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 40,6 Mb
Release : 2017-06-01
Category : Law
ISBN : 9781509902637
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.
Author : Anonim
Publisher : Unknown
Page : 56 pages
File Size : 53,6 Mb
Release : 1997
Category : Mandatory sentences
ISBN : 0621273538
Author : Julian V. Roberts
Publisher : Cambridge University Press
Page : 305 pages
File Size : 54,8 Mb
Release : 2011-08-25
Category : Law
ISBN : 9781139500043
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.