Deserved Criminal Sentences

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Deserved Criminal Sentences

Author : Andreas von Hirsch
Publisher : Bloomsbury Publishing
Page : 128 pages
File Size : 43,9 Mb
Release : 2017-02-09
Category : Law
ISBN : 9781509902682

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Deserved Criminal Sentences by Andreas von Hirsch Pdf

This book provides an accessible and systematic restatement of the desert model for criminal sentencing by one of its leading academic exponents. The desert model emphasises the degree of seriousness of the offender's crime in deciding the severity of his punishment, and has become increasingly influential in recent penal practice and scholarly debate. It explains why sentences should be based principally on crime-seriousness, and addresses, among other topics, how a desert-based penalty scheme can be constructed; how to gauge punishments' seriousness and penalties' severity; what weight should be given to an offender's previous convictions; how non-custodial sentences should be scaled; and what leeway there might be for taking other factors into account, such as an offender's need for treatment. The volume will be of interest to all those working in penal theory and practice, criminal sentencing and the criminal law more generally.

Deserved Criminal Sentences

Author : Andrew Von Hirsch
Publisher : Hart Publishing
Page : 166 pages
File Size : 55,6 Mb
Release : 2014
Category : Proportionality in law
ISBN : 1509902694

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Deserved Criminal Sentences by Andrew Von Hirsch Pdf

"This book provides an accessible and systematic restatement of the desert model for criminal sentencing by one of its leading academic exponents. The desert model emphasises the degree of seriousness of the offender's crime in deciding the severity of his punishment, and has become increasingly influential in recent penal practice and scholarly debate. It explains why sentences should be based principally on crime-seriousness, and addresses, among other topics, how a desert-based penalty scheme can be constructed; how to gauge punishments' seriousness and penalties' severity; what weight should be given to an offender's previous convictions; how non-custodial sentences should be scaled; and what leeway there might be for taking other factors into account, such as an offender's need for treatment. This volume will be of interest to all those working in penal theory and practice, criminal sentencing and the criminal law more generally."--Résumé de l'éditeur.

Deserved Criminal Sentences

Author : Andreas von Hirsch
Publisher : Bloomsbury Publishing
Page : 206 pages
File Size : 41,8 Mb
Release : 2017-02-09
Category : Law
ISBN : 9781509902675

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Deserved Criminal Sentences by Andreas von Hirsch Pdf

This book provides an accessible and systematic restatement of the desert model for criminal sentencing by one of its leading academic exponents. The desert model emphasises the degree of seriousness of the offender's crime in deciding the severity of his punishment, and has become increasingly influential in recent penal practice and scholarly debate. It explains why sentences should be based principally on crime-seriousness, and addresses, among other topics, how a desert-based penalty scheme can be constructed; how to gauge punishments' seriousness and penalties' severity; what weight should be given to an offender's previous convictions; how non-custodial sentences should be scaled; and what leeway there might be for taking other factors into account, such as an offender's need for treatment. The volume will be of interest to all those working in penal theory and practice, criminal sentencing and the criminal law more generally.

Just Sentencing

Author : Richard S. Frase
Publisher : Oxford University Press
Page : 297 pages
File Size : 41,8 Mb
Release : 2013-01-17
Category : Law
ISBN : 9780199757862

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Just Sentencing by Richard S. Frase Pdf

This title presents a fully developed punishment theory which incorporates both utilitarian and retributive sentencing purposes. The author describes and defends a hybrid sentencing model that integrates theory and practice - blending and balancing both the competing principles of retribution and rehabilitation and the procedural concern of weighing rules against discretion.

An Essay on Crimes and Punishments

Author : Cesare Beccaria,Cesare marchese di Beccaria,Voltaire
Publisher : The Lawbook Exchange, Ltd.
Page : 274 pages
File Size : 53,6 Mb
Release : 2006
Category : Criminal justice, Administration of
ISBN : 9781584776383

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An Essay on Crimes and Punishments by Cesare Beccaria,Cesare marchese di Beccaria,Voltaire Pdf

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.

Between Prison and Probation

Author : Norval Morris,Michael Tonry
Publisher : Oxford University Press on Demand
Page : 294 pages
File Size : 51,5 Mb
Release : 1991
Category : Political Science
ISBN : 9780195071382

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Between Prison and Probation by Norval Morris,Michael Tonry Pdf

Across the country prisons are jammed to capacity and, in extreme cases, barges and mobile homes are used to stem the overflow. Probation officers in some cities have caseloads of 200 and more--hardly a manageable number of offenders to track and supervise. And with about one million people in prison and jail, and two and a half million on probation, it is clear we are experiencing a crisis in our penal system. In Between Prison and Probation, Norval Morris and Michael Tonry, two of the nation's leading criminologists, offer an important and timely strategy for alleviating these problems. They argue that our overwhelmed corrections system cannot cope with the flow of convicted offenders because the two extremes of punishment--imprisonment and probation--are both used excessively, with a near-vacuum of useful punishments in between. Morris and Tonry propose instead a comprehensive program that relies on a range of punishment including fines and other financial sanctions, community service, house arrest, intensive probation, closely supervised treatment programs for drugs, alcohol and mental illness, and electronic monitoring of movement. Used in rational combinations, these "intermediate" punishments would better serve the community than our present polarized choice. Serious consideration of these punishments has been hindered by the widespread perception that they are therapeutic rather than punitive. The reality, however, Morris and Tonry argue, "is that the American criminal justice system is both too severe and too lenient--almost randomly." Systematically implemented and rigorously enforced, intermediate punishments can "better and more economically serve the community, the victim, and the criminal than the prison terms and probation orders they supplant." Between Prison and Probation goes beyond mere advocacy of an increasing use of intermediate punishments; the book also addresses the difficult task of fitting these punishments into a comprehensive, fair and community-protective sentencing system.

The Limits of Blame

Author : Erin I. Kelly
Publisher : Harvard University Press
Page : 241 pages
File Size : 47,5 Mb
Release : 2018-11-12
Category : Philosophy
ISBN : 9780674980778

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The Limits of Blame by Erin I. Kelly Pdf

Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration.

The Geometry of Desert

Author : Shelly Kagan
Publisher : Oxford University Press
Page : 675 pages
File Size : 52,7 Mb
Release : 2014-12-04
Category : Philosophy
ISBN : 9780190233723

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The Geometry of Desert by Shelly Kagan Pdf

People differ in terms of how morally deserving they are. And it is a good thing if people get what they deserve. Accordingly, it is important to work out an adequate theory of moral desert. But while certain aspects of such a theory have been frequently discussed in the philosophical literature, many others have been surprisingly neglected. For example, if it is indeed true that it is morally good for people to get what they deserve, does it always do the same amount of good when someone gets what they deserve? Or does it matter how deserving the person is? If we cannot give someone exactly what they deserve, is it better to give too much-or better to give too little? Does being twice as virtuous make you twice as deserving? And how are we to take into account the thought that what you deserve depends in part on how others are doing? The Geometry of Desert explores a number of these less familiar questions, using graphs to illustrate the various possible answers. The result is a more careful investigation into the nature of moral desert than has ever previously been offered, one that reveals desert to have a hidden complexity that most of us have failed to recognize.

Sentencing and Human Rights

Author : Sarah Summers
Publisher : Oxford University Press
Page : 305 pages
File Size : 53,5 Mb
Release : 2022-11-04
Category : Electronic
ISBN : 9780192870384

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Sentencing and Human Rights by Sarah Summers Pdf

This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. There has been little sustained consideration of the ways in which human rights act to safeguard the individual from substantive unfairness or injustice in the imposition of punishment. Human rights might be expected to play a pivotal role at the sentencing stage, regulating the process and substance of sentencing, mapping out the state's role, and affording it legitimacy in the imposition of punishment. The traditional view that sentencing theory is best understood as a branch of moral philosophy has obscured the importance of consideration of the special nature of state punishment as mediated by and through law and the significance of human rights principles, notably legality, proportionality, equality, and judicial responsibility for the determination of the sentence. Sarah Summers focusses on sentencing practices which are widespread across Europe and indeed further afield and their compatibility with constitutional or human rights principles. Sentencing and Human Rights develops a systematic account of the importance of human rights principles at sentencing stage. Consideration of these principles provides the basis for an examination of the way in which they might be expected to limit important sentencing practices, such as the imposition of aggravated sentences for previous convictions, the treatment of confessions and mandatory minimum sentences. It is not just that punishment follows a multitude of aims but rather that the balance of these aims may, and in the context of lengthy prison sentences almost certainly will, change during the sentence. This examination of the human rights limits on the sentence suggests that it might be necessary to reconsider the way in which state punishment is conceptualised in sentencing theory.

The Death Penalty

Author : Ernest Van den Haag,John Phillips Conrad
Publisher : Springer Science & Business Media
Page : 314 pages
File Size : 52,8 Mb
Release : 2013-06-29
Category : Social Science
ISBN : 9781489927873

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The Death Penalty by Ernest Van den Haag,John Phillips Conrad Pdf

From 1965 until 1980, there was a virtual moratorium on executions for capital offenses in the United States. This was due primarily to protracted legal proceedings challenging the death penalty on constitutional grounds. After much Sturm und Drang, the Supreme Court of the United States, by a divided vote, finally decided that "the death penalty does not invariably violate the Cruel and Unusual Punishment Clause of the Eighth Amendment." The Court's decisions, however, do not moot the controversy about the death penalty or render this excellent book irrelevant. The ball is now in the court of the Legislature and the Executive. Leg islatures, federal and state, can impose or abolish the death penalty, within the guidelines prescribed by the Supreme Court. A Chief Executive can commute a death sentence. And even the Supreme Court can change its mind, as it has done on many occasions and did, with respect to various aspects of the death penalty itself, durlog the moratorium period. Also, the people can change their minds. Some time ago, a majority, according to reliable polls, favored abolition. Today, a substantial majority favors imposition of the death penalty. The pendulum can swing again, as it has done in the past.

Predictive Sentencing

Author : Jan W de Keijser,Julian V Roberts,Jesper Ryberg
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 49,8 Mb
Release : 2019-05-16
Category : Law
ISBN : 9781509921430

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Predictive Sentencing by Jan W de Keijser,Julian V Roberts,Jesper Ryberg Pdf

Predictive Sentencing addresses the role of risk assessment in contemporary sentencing practices. Predictive sentencing has become so deeply ingrained in Western criminal justice decision-making that despite early ethical discussions about selective incapacitation, it currently attracts little critique. Nor has it been subjected to a thorough normative and empirical scrutiny. This is problematic since much current policy and practice concerning risk predictions is inconsistent with mainstream theories of punishment. Moreover, predictive sentencing exacerbates discrimination and disparity in sentencing. Although structured risk assessments may have replaced 'gut feelings', and have now been systematically implemented in Western justice systems, the fundamental issues and questions that surround the use of risk assessment instruments at sentencing remain unresolved. This volume critically evaluates these issues and will be of great interest to scholars of criminal justice and criminology.

Sentencing Multiple Crimes

Author : Jesper Ryberg,Julian V. Roberts,Jan Willem de Keijser
Publisher : Oxford University Press
Page : 289 pages
File Size : 40,9 Mb
Release : 2018
Category : Law
ISBN : 9780190607609

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Sentencing Multiple Crimes by Jesper Ryberg,Julian V. Roberts,Jan Willem de Keijser Pdf

Most people assume that criminal offenders have only been convicted of a single crime. However, in reality almost half of offenders stand to be sentenced for more than one crime. The high proportion of multiple crime offenders poses a number of practical and theoretical challenges for the criminal justice system. For instance, how should courts punish multiple offenders relative to individuals who have been sentenced for a single crime? How should they be punished relative to each other? Sentencing Multiple Crimes discusses these questions from the perspective of several legal theories. This volume considers questions such as 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. Contributors from around the world and in the fields of legal theory, philosophy, and psychology offer their perspectives to the volume. A comprehensive examination of the dynamics involved with sentencing multiple offenders has the potential to be a powerful tool for legal scholars and professionals, particularly given the practical importance of the topic and the relative dearth of research about punishment of multiple offense cases.

Sentencing and Criminal Justice

Author : Andrew Ashworth,Rory Kelly
Publisher : Bloomsbury Publishing
Page : 536 pages
File Size : 45,6 Mb
Release : 2021-07-15
Category : Law
ISBN : 9781509936304

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Sentencing and Criminal Justice by Andrew Ashworth,Rory Kelly Pdf

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.

Synapse

Author : Steven James
Publisher : HarperChristian + ORM
Page : 385 pages
File Size : 44,8 Mb
Release : 2019-10-08
Category : Fiction
ISBN : 9780785225263

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Synapse by Steven James Pdf

Thirty years in the future, when AI is so advanced that humans live side by side with cognizant humanoid robots called Artificials, Kestrel Hathaway must come to terms not just with what machines?know,?but with what they?believe. Soon after experiencing a personal tragedy, Kestrel witnesses a terrorist attack on a nearby artificial factory and is drawn into a world of conspiracies and lies that she and Jordan, her Artificial, have to untangle. With a second, more brutal attack looming on the horizon, their best chance of stopping it is teaming up with federal counterterrorism agent Nick Vernon. But the clock is ticking—and all the while, Jordan is asking questions Artificials were never meant to ask. Deftly weaving suspense and intrigue into a rich, resonant tale that explores faith and what it really means to be human, Steven James offers us a glimpse into the future—and into our own hearts. Synapse?is an unforgettable, gripping story of dreams shattered, truth revealed, and hope reborn. Praise for?Synapse: “Perfectly timed and thought-provoking,?Synapse?is a smart, intense thriller that keeps the suspense?building until the final page. Steven James once again delivers a perfect amalgam of character and?plot, totally immersing the reader in an irresistible narrative.” —Simon Gervais, international bestselling author of?Hunt Them Down “Next-level suspense that keeps the pages turning, combined with next-level writing on par?with the great literary masters . . .?Synapse?is not merely a thriller you should read—as 5G?approaches and advances in AI snowball, it is the thriller you can’t afford?not to.” —James R. Hannibal, award-winning author of?The Gryphon Heist

Responsibility and Punishment

Author : J. Angelo Corlett
Publisher : Springer Science & Business Media
Page : 177 pages
File Size : 46,8 Mb
Release : 2013-03-14
Category : Philosophy
ISBN : 9789401598514

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Responsibility and Punishment by J. Angelo Corlett Pdf

A provocative and lucid defense of retributivism against several long-standing criticisms. The author explores the matter of reparations for past wrongs in the case of crimes committed against Native Americans by the United States Government. Unequaled in its depth and scope of discussion the book delves deeply into particular concerns with retributivism, responsibility, and certain areas of compensation.