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Author : South African Law Commission
Publisher : Unknown
Page : 132 pages
File Size : 44,6 Mb
Release : 2000
Category : Law
ISBN : STANFORD:36105062238659
Author : Commonwealth Secretariat
Publisher : Commonwealth Secretariat
Page : 251 pages
File Size : 46,9 Mb
Release : 2017-11-30
Category : Law
ISBN : 9781849291743
Changing the Law: A Practical Guide to Law Reform is designed to provide practical assistance to users seeking to deliver high standard law reform outcomes. Using examples and experience from around the Commonwealth and beyond, it guides users through each phase of a successful reform, from initiation to final implementation.
Author : Andrew Ashworth,Julian V. Roberts
Publisher : OUP Oxford
Page : 320 pages
File Size : 50,9 Mb
Release : 2013-07-18
Category : Law
ISBN : 9780191507502
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.
Author : Tony Peters
Publisher : Leuven University Press
Page : 466 pages
File Size : 55,8 Mb
Release : 2001
Category : Law
ISBN : 905867181X
This edited volume contains 22 papers organized into three sections under the following headings: part I is entitled On Promoting Victim Policies; Part II On Reforming Criminal Justice; and Part III On Restorative Justice. All three areas are ones to which Tony Peters, former Professor of Criminology in Leuven, has made a significant contribution and for which he is known as an international authority. During his long and productive academic career Tony Peters led many struggles for criminal justice reform. He was a leading figure in the movement to recognize crime victims' plight and to reaffirm their rights. In Belgium, he spearheaded the early initiatives in restorative justice and became one of its outspoken proponents nationally and internationally. There is no doubt that these three major topics and the various developments and reforms that are addressed in the papers will dominate the thinking about, and the practice of, criminal justice in the years to come. Thus, in addition to paying homage to a congenial friend and an illustrious colleague, it is hoped that this book will appeal and prove useful to all those who have an interest in victims issues, in criminal justice reform, and last but not least, in the promising paradigm of restorative justice.
Author : South African Law Commission
Publisher : Unknown
Page : 200 pages
File Size : 49,6 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 : Cyrus Tata,Neil Hutton
Publisher : Routledge
Page : 591 pages
File Size : 55,9 Mb
Release : 2017-03-02
Category : Law
ISBN : 9781351901093
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.
Author : Graeme Brown
Publisher : Bloomsbury Publishing
Page : 240 pages
File Size : 52,9 Mb
Release : 2020-05-14
Category : Law
ISBN : 9781509917594
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.
Author : Bill Dixon,Elrena Van der Spuy
Publisher : University of Cape Town Press
Page : 308 pages
File Size : 50,9 Mb
Release : 2004
Category : Law
ISBN : STANFORD:36105113997246
Ten years into South Africa's new democarcy, crime and what should be done about it are the subject of endless debate. Arguments rage about everything from the accuracy of the country's crime statistics to the state of its prison. but why is crime such a persistent problem? How have patterns of offending changed over the course of South Africa's transition to democarcy. This book provides a series of essays examine the issues and provide insight into solutions.
Author : Michael Legg,Felicity Bell
Publisher : Bloomsbury Publishing
Page : 320 pages
File Size : 45,9 Mb
Release : 2020-11-26
Category : Law
ISBN : 9781509931835
How are new technologies changing the practice of law? With examples and explanations drawn from the UK, US, Canada, Australia and other common law countries, as well as from China and Europe, this book considers the opportunities and implications for lawyers as artificial intelligence systems become commonplace in legal service delivery. It examines what lawyers do in the practice of law and where AI will impact this work. It also explains the important continuing role of the lawyer in an AI world. This book is divided into three parts: Part A provides an accessible explanation of AI, including diagrams, and contrasts this with the role and work of lawyers. Part B focuses on six different aspects of legal work (litigation, transactional, dispute resolution, regulation and compliance, criminal law and legal advice and strategy) where AI is making a considerable impact and looks at how this is occurring. Part C discusses how lawyers and law firms can best utilise the promise of AI, while also acknowledging its limitations. It also discusses ethical and regulatory issues, including the lawyer's role in upholding the rule of law.
Author : Mrinal Satish
Publisher : Cambridge University Press
Page : 323 pages
File Size : 40,9 Mb
Release : 2017
Category : Law
ISBN : 9781107135628
""Aims to analyse whether unwarranted disparity existed in rape sentencing in India, which anecdotal work of other scholars had pointed to"--Provided by publisher"--
Author : Graeme Brown
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 49,7 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 : Michael Tonry
Publisher : Oxford University Press
Page : 288 pages
File Size : 52,9 Mb
Release : 2011-09-01
Category : Social Science
ISBN : 9780199798407
For nearly two centuries in the United States, the punishment of crime was largely aimed, in theory and in practice, at prevention, rehabilitation or incapacitation, and deterrence. In the mid-1970s, a sharp-and some argued permanent-shift occurred. Punishment in the criminal justice system became first and foremost about retribution. Retribution trumped rehabilitation; proportionality outweighed prevention. The retributivist sea change was short-lived, however. After a few decades, some policy makers returned tentatively to individualized approaches to punishment, launching initiatives like drug courts and programs for treatment and reentry. Others promoted policies that retained the rhetoric but betrayed the theory-punishment in proportion to culpability-of retributivism, resulting in mandatory minimum sentences, three-strikes-and-you're-out laws, "dangerous offender" and "sexual predator" laws, "truth in sentencing," and life without the possibility of parole. What now for retributivism? Retributivism Has a Past: Has It a Future? brings thoughtfulness and rigor back into the retributivism debate. This collection of essays trains some of the most influential and brightest established and up-and-coming legal and philosophical minds on how retributivism does, might, or should affect contemporary policy and practices. The volume's aim is neither to condemn nor to justify, but to take new policies and practices seriously and examine them closely. At a time when criminal-justice policy makers are forced to reconsider contemporary approaches to punishment and attempt to devise new ones, Retributivism Has a Past: Has It a Future? offers serious theoretical critiques of the recent past and justifications for possible futures.
Author : Julian V Roberts,Andreas von Hirsch
Publisher : Bloomsbury Publishing
Page : 236 pages
File Size : 53,9 Mb
Release : 2014-10-01
Category : Law
ISBN : 9781782256069
This latest volume in the Penal Theory and Penal Ethics series addresses one of the oldestquestions in the field of criminal sentencing: should an offender's previous convictions affect the sentence? Although there is an extensive literature on the definition and use of criminal history information, the emphasis here is on the theoretical and normative aspects of considering previous convictions at sentencing. Several authors explore the theory underlying the practice of mitigating the punishments for first offenders, while others put forth arguments for enhancing sentences for recidivists.
Author : South African Law Reform Commission
Publisher : Unknown
Page : 100 pages
File Size : 43,6 Mb
Release : 2008
Category : Law reform
ISBN : STANFORD:36105134491989
Author : Peter Hoeres,Hubertus Knabe
Publisher : Walter de Gruyter GmbH & Co KG
Page : 560 pages
File Size : 50,6 Mb
Release : 2023-02-20
Category : History
ISBN : 9783110796629
Numerous studies concerning transitional justice exist. However, comparatively speaking, the effects actually achieved by measures for coming to terms with dictatorships have seldom been investigated. There is an even greater lack of transnational analyses. This volume contributes to closing this gap in research. To this end, it analyses processes of coming to terms with the past in seven countries with different experiences of violence and dictatorship. Experts have drawn up detailed studies on transitional justice in Albania, Argentina, Ethiopia, Chile, Rwanda, South Africa and Uruguay. Their analyses constitute the empirical material for a comparative study of the impact of measures introduced within the context of transitional justice. It becomes clear that there is no sure formula for dealing with dictatorships. Successes and deficits alike can be observed in relation to the individual instruments of transitional justice - from criminal prosecution to victim compensation. Nevertheless, the South American states perform much better than those on the African continent. This depends less on the instruments used than on political and social factors. Consequently, strategies of transitional justice should focus more closely on these contextual factors.