Community Context And Sentencing Decisions

Author : Noelle Fearn
Publisher : LAP Lambert Academic Publishing
Page : 156 pages
File Size : 48,5 Mb
Release : 2010-06
Category : Community-based corrections
ISBN : 383831820X

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Community Context and Sentencing Decisions by Noelle Fearn Pdf

Criminal sentencing is a quite visible and very important stage of the criminal justice process. Due partly to its visibility and to its potentially devastating impact on individuals and communities, there is more interest now than ever before in how we sentence and punish criminal offenders. The development and implementation of various legislative initiatives (e.g., sentencing guidelines/grids and mandatory minimums) are evidence of the public's and policymaker's distrust of criminal justice authorities' ability to appropriately and fairly sentence criminal offenders. This book presents a comprehensive analysis of the sentencing of convicted felony defendants across large, urban counties in the United States. Three different sentencing outcomes are examined and particular focus is placed on the importance of contextual influences on sentencing outcomes for individual offenders--along with defendant and case/legal characteristics. This analysis helps shed light on the factors that influence sentencing decisions and broadens our understanding of sentencing to include defendant, case/offense, and community characteristics.

Author : Jeffery T. Ulmer
Publisher : SUNY Press
Page : 252 pages
File Size : 43,6 Mb
Release : 1997-07-31
Category : Social Science
ISBN : 0791434982

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Social Worlds of Sentencing by Jeffery T. Ulmer Pdf

Combines quantitative and qualitative data in a careful investigation of sentencing processes and context under Pennsylvania's sentencing guidelines.

Author : Ralph Henham
Publisher : Oxford University Press
Page : 321 pages
File Size : 49,6 Mb
Release : 2018-02-09
Category : Law
ISBN : 9780191029035

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Sentencing Policy and Social Justice by Ralph Henham Pdf

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.

Author : Rasmus H. Wandall
Publisher : Routledge
Page : 225 pages
File Size : 46,8 Mb
Release : 2016-05-13
Category : Law
ISBN : 9781317153870

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Decisions to Imprison by Rasmus H. Wandall Pdf

Rasmus Wandall uses quantitative and qualitative methods from studies carried out in Denmark, to address the formal and informal norms and ideologies that are used to generate decisions to imprison. Focusing on the operations of the courtroom participants, his work investigates how court decision-making is organized to allow the sentencing procedure to be open to more than its formal legal framework, while at the same time keeping the sentencing within the boundaries of law and legal validity. The author uses the theory of law's operational closure, developed by Niklas Luhmann. The theory provides an advantageous point of departure to capture the close and subtle interactions between law's need for validity and for contextual openness in every legal operation - including court decision-making.

Author : Martha A. Myers,Susette M. Talarico
Publisher : Springer Science & Business Media
Page : 300 pages
File Size : 55,5 Mb
Release : 2012-12-06
Category : Psychology
ISBN : 9781461247326

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The Social Contexts of Criminal Sentencing by Martha A. Myers,Susette M. Talarico Pdf

Historically, the announcement and invocation of criminal penalties were public spectacles. Today, fear of crime and disaffection with the criminal justice system guarantee that this public fascination with punishment continues. In the past decade, virtually every legislature in the country has undertaken sentencing reform, in the hope that public concern with crime would be allayed and dispari ties in criminal sentences would be reduced if not eliminated. Scholars have intensified their longstanding preoccupation with discrimination and the sources of disparate treatment during sentencing - issues that continue to fuel contem porary reform efforts. As documented in Chapter 1, empirical research on sen tencing has concentrated much of its attention on the offender. Only recently have attempts been made to imbed sentencing in its broader organizational and social contexts. Our study extends these attempts by quantitatively analyzing the relationship between the offender and the social contexts in which he or she is sentenced. We use data on felony sentencing in Georgia between 1976 and 1985 to ask three questions. The first addresses an issue of perennial concern: during sentencing, how important are offender attributes, both those of explicit legal relevance and traits whose legal relevance is questionable or nonexistent? The second question directs attention to the social contexts of sentencing and asks whether they directly affect sentencing outcomes.

Author : Malcolm Davies
Publisher : Praeger
Page : 200 pages
File Size : 51,8 Mb
Release : 1993-07-28
Category : Education
ISBN : STANFORD:36105060928830

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Punishing Criminals by Malcolm Davies Pdf

Punishing Criminals is about sentencing theory and policy and the attempt to identify punishments other than imprisonment. Davies argues for the need to develop more credible and effective community-based intermediate sanctions that have the confidence of the public and the officials in the criminal system. He shows how focus groups can be used to improve the process of consultation. He sees the need to locate sentencing policy decisions within the wider context of the criminal justice process and presents empirical evidence from ten years study of the California criminal justice system. He sets out a denunciatory-retributive rationale for punishment which links sentencing aims with a community's confidence in different forms of punishment.

Author : Allan Manson
Publisher : Unknown
Page : 448 pages
File Size : 53,5 Mb
Release : 2001
Category : Law
ISBN : STANFORD:36105062951723

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The Law of Sentencing by Allan Manson Pdf

The book includes a postscript on the Supreme Court of Canada decision in R v. Latimer."--Pub. desc.

Author : Canadian Sentencing Commission
Publisher : The Commission
Page : 640 pages
File Size : 40,8 Mb
Release : 1987
Category : Law
ISBN : UOM:39015005584548

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Sentencing Reform by Canadian Sentencing Commission Pdf

Report of the Commission's examination into sentencing process in Canada details problems with the process and the need for fundamental changes in its orientation and operation. Considers a broad range of concerns including an historical overview, public perception of sentencing equity, disparity of sentences, sentencing guidelines and implementation of reform.

Author : Linda Heath,R. Scott Tindale,John Edwards,Emil J. Posavac,Fred B. Bryant,Eaaron Henderson-King,Yolanda Suarez-Balcazar,Judith Myers
Publisher : Springer Science & Business Media
Page : 353 pages
File Size : 43,9 Mb
Release : 2013-06-29
Category : Psychology
ISBN : 9781475792386

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Applications of Heuristics and Biases to Social Issues by Linda Heath,R. Scott Tindale,John Edwards,Emil J. Posavac,Fred B. Bryant,Eaaron Henderson-King,Yolanda Suarez-Balcazar,Judith Myers Pdf

This volume presents the latest research on applying heuristics and biases to the areas of health, law, education, and organizations. Authors adopt a cross-disciplinary approach to study various theories.

Author : National Academies of Sciences, Engineering, and Medicine,Health and Medicine Division,Board on Population Health and Public Health Practice,Committee on Community-Based Solutions to Promote Health Equity in the United States
Publisher : National Academies Press
Page : 583 pages
File Size : 50,5 Mb
Release : 2017-04-27
Category : Medical
ISBN : 9780309452960

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Communities in Action by National Academies of Sciences, Engineering, and Medicine,Health and Medicine Division,Board on Population Health and Public Health Practice,Committee on Community-Based Solutions to Promote Health Equity in the United States Pdf

In the United States, some populations suffer from far greater disparities in health than others. Those disparities are caused not only by fundamental differences in health status across segments of the population, but also because of inequities in factors that impact health status, so-called determinants of health. Only part of an individual's health status depends on his or her behavior and choice; community-wide problems like poverty, unemployment, poor education, inadequate housing, poor public transportation, interpersonal violence, and decaying neighborhoods also contribute to health inequities, as well as the historic and ongoing interplay of structures, policies, and norms that shape lives. When these factors are not optimal in a community, it does not mean they are intractable: such inequities can be mitigated by social policies that can shape health in powerful ways. Communities in Action: Pathways to Health Equity seeks to delineate the causes of and the solutions to health inequities in the United States. This report focuses on what communities can do to promote health equity, what actions are needed by the many and varied stakeholders that are part of communities or support them, as well as the root causes and structural barriers that need to be overcome.

Author : Andrew Ashworth
Publisher : Cambridge University Press
Page : 452 pages
File Size : 43,5 Mb
Release : 2005-11-03
Category : Law
ISBN : 1139447270

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Sentencing and Criminal Justice by Andrew Ashworth Pdf

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.

Author : Rimonda Maroun
Publisher : Routledge
Page : 132 pages
File Size : 50,9 Mb
Release : 2019-02-25
Category : Social Science
ISBN : 9780429681912

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Contextual Characteristics in Juvenile Sentencing by Rimonda Maroun Pdf

While there is extensive research published concerning juvenile justice and sentencing, most of the research focuses on individual and extra-legal factors, such as age, race, and gender, with scant attention paid to the impact of macro-level factors. This book assesses how a specific contextual factor—concentrated disadvantage—impacts juvenile court outcomes and considers the relevant implications for the current state of juvenile justice processing. Using case-level data from a Southern state with a large, diverse population and contextual-level data from the 2010 US Census and American Community Survey, Maroun assesses whether youth living in neighborhoods of concentrated disadvantage experience harsher outcomes than their counterparts from other types of neighborhoods. Additionally, she examines whether concentrated disadvantage interacts with individual race/ethnicity to influence juvenile court outcomes. Results suggested a direct impact of concentrated disadvantage on diversion, adjudication, and probation type. Further, race significantly interacted with concentrated disadvantage in impacting adjudication and probation outcomes, while ethnicity significantly interacted with concentrated disadvantage in impacting disposition and commitment type. This research expands the knowledge of macrolevel influences on juvenile court outcomes, providing support for the notion that community context impacts juvenile justice processing. Results also highlight the fact that judges use discretion as well as other legal and extralegal factors in exerting social control, and do so differently at each stage of processing. This monograph is essential reading for those engaged in youth and juvenile justice efforts and scholars interested in issues surrounding race, class, social policy, and justice.

Author : Rebecca Wickes,Lorraine Mazerolle
Publisher : Routledge
Page : 216 pages
File Size : 47,5 Mb
Release : 2021-11-16
Category : Social Science
ISBN : 9781317360322

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Crime and Disorder in Community Context by Rebecca Wickes,Lorraine Mazerolle Pdf

Drawing on unique longitudinal community-level data in Brisbane, this book entwines current ecological theories of crime with key debates on the relevance of ‘community’ in contemporary urban life to examine the spatial and temporal relationships between community structure, community social capital, informal social control and the occurrence of crime and disorder. Crime and Disorder in Community Context extends what is known about the concentration of crime in particular types of places, presenting a broad reaching explication of how community structural characteristics, community regulatory processes and crime influence each other over time. It looks at how growing levels of ethnic diversity, income inequality and increasing immigrant concentrations at the community level influence processes necessary for the regulation of crime; the crime control processes for various crime problems in different types of communities; the extent that exogenous shocks, like the 2011 Brisbane flood disaster and the global financial crisis impact on crime, crime prevention and crime control; and engages readers with the methodological complexities associated with the longitudinal study of crime and disorder in contemporary urban communities. An accessible and compelling read, this will appeal to students and scholars of criminology, sociology, geography, cultural studies and all those interested in the relationship between crime and community.

Author : Elspeth Kaiser-Derrick
Publisher : Univ. of Manitoba Press
Page : 128 pages
File Size : 53,9 Mb
Release : 2019-03-15
Category : Law
ISBN : 9780887555534

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Implicating the System by Elspeth Kaiser-Derrick Pdf

Indigenous women continue to be overrepresented in Canadian prisons; research demonstrates how their overincarceration and often extensive experiences of victimization are interconnected with and through ongoing processes of colonization. "Implicating the System: Judicial Discourses in the Sentencing of Indigenous Women" explores how judges navigate these issues in sentencing by examining related discourses in selected judgments from a review of 175 decisions. The feminist theory of the victimization-criminalization continuum informs Elspeth Kaiser-Derrick’s work. She examines its overlap with the Gladue analysis, foregrounding decisions that effectively integrate gendered understandings of Indigenous women’s victimization histories, and problematizing those with less contextualized reasoning. Ultimately, she contends that judicial use of the victimization-criminalization continuum deepens the Gladue analysis and augments its capacity to further its objectives of alternatives to incarceration. Kaiser-Derrick discusses how judicial discourses about victimization intersect with those about rehabilitation and treatment, and suggests associated problems, particularly where prison is characterized as a place of healing. Finally, she shows how recent incursions into judicial discretion, through legislative changes to the conditional sentencing regime that restrict the availability of alternatives to incarceration, are particularly concerning for Indigenous women in the system.

Author : Don M. Gottfredson
Publisher : Unknown
Page : 12 pages
File Size : 52,8 Mb
Release : 1999
Category : Judges
ISBN : IND:30000067680987

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Effects of Judges' Sentencing Decisions on Criminal Careers by Don M. Gottfredson Pdf