How Judges Sentence

Author : Geraldine Mackenzie
Publisher : Federation Press
Page : 212 pages
File Size : 51,6 Mb
Release : 2005
Category : Law
ISBN : 1862875359

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How Judges Sentence by Geraldine Mackenzie Pdf

How do judges sentence? This question is frequently asked but infrequently explored. What factors are taken into account? How do judges see their role? How do they apply the aims and purposes of sentencing? How are factors such as public opinion taken into account? How Judges Sentence explores these questions through interviews with Queensland judges. The judges explain how they come to their decisions when sentencing, how they view judicial discretion, and how they exercise it. The book carefully examines their comments within the legislative and theoretical contexts of sentencing. The analysis yields valuable insights into judicial methodologies, perceptions, and attitudes towards the sentencing process. How Judges Sentence provides a major contribution to debates on sentencing.

Author : John Hogarth
Publisher : University of Toronto Press
Page : 448 pages
File Size : 43,5 Mb
Release : 1971-12-15
Category : Law
ISBN : 9781487590161

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Sentencing as a Human Process by John Hogarth Pdf

Sentencing is not a neutral or mechanical act; it is a human process, highly charged affectively and motivationally. Sentencing decisions take place in a social environment of laws, facts, ideas, and people. This study of sentencing behaviour is primarily concerned with the mental processes involved in decision-making. It is based on intensive interviews and on measures of the information-processing ability of seventy-one full-time judges in Ontario. The work covers such topics as: problems of sentencing (particularly existing disparities); social and economic background of judges and their varying penal philosophies; the nature and measurement of judicial attitudes toward crime; punishment and related issues; prediction of sentencing behaviour based on attitude scales (which the author has constructed) and also on 'fact patterns perceived by judges'; and the impact of social and legal constraints on the sentencing process. The study concludes that there exists a very high correlation between a judges definition of situation and the sentence which he imposes and that while sentences meted out for a particular law violation under similar circumstances may differ among judges, judges are 'highly consistent within themselves.' Using these conclusions the author constructs a model of judicial behaviour and shows how this model can be used to predict and to explain sentencing and breaks new ground in the use of the social and behavioural sciences as sources of data to explain the sentencing process.

Author : United States Sentencing Commission
Publisher : Unknown
Page : 68 pages
File Size : 50,6 Mb
Release : 1988-10
Category : Sentences (Criminal procedure)
ISBN : MINN:31951D01984795V

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Guidelines Manual by United States Sentencing Commission Pdf

Author : Judicial Commission of New South Wales
Publisher : Unknown
Page : 128 pages
File Size : 43,6 Mb
Release : 2006
Category : Sentences (Criminal procedure)
ISBN : 0731356136

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Sentencing Bench Book by Judicial Commission of New South Wales Pdf

This book contains commentary on three key sentencing statutes, and on sentencing law for nine offence categories.

Author : Kate Stith,José A. Cabranes
Publisher : University of Chicago Press
Page : 302 pages
File Size : 48,6 Mb
Release : 1998-10
Category : Law
ISBN : 0226774864

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Fear of Judging by Kate Stith,José A. Cabranes Pdf

For two centuries, federal judges exercised wide discretion in criminal sentencing. In 1987 a complex bureaucratic apparatus termed Sentencing "Guidelines" was imposed on federal courts. FEAR OF JUDGING is the first full-scale history, analysis, and critique of the new sentencing regime, arguing that it sacrifices comprehensibility and common sense.

Author : Allan Manson
Publisher : Unknown
Page : 448 pages
File Size : 50,6 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 : Cassia Spohn
Publisher : SAGE
Page : 377 pages
File Size : 42,8 Mb
Release : 2009
Category : Law
ISBN : 9781412961042

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How Do Judges Decide? by Cassia Spohn Pdf

How are sentences for Federal, State, and Local crimes determined in the United States? Is this process fairly and justly applied to all concerned? How have reforms affected the process over the last 25 years? This text for advanced undergraduate students in criminal justice programs seeks to answer these questions.

Author : Don M. Gottfredson
Publisher : Unknown
Page : 12 pages
File Size : 49,8 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

Author : Jon'a Meyer,Paul Jesilow
Publisher : SUNY Press
Page : 182 pages
File Size : 41,6 Mb
Release : 1997-01-01
Category : Law
ISBN : 0791431371

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Doing Justice in the People's Court by Jon'a Meyer,Paul Jesilow Pdf

Presents research findings on city courts and their processing of misdemeanors, illuminating the conditions under which bias is maximized and minimized in the lower courts.

Author : Austin Lovegrove
Publisher : Cambridge University Press
Page : 296 pages
File Size : 42,6 Mb
Release : 1997-05
Category : Law
ISBN : 9780521584272

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The Framework of Judicial Sentencing by Austin Lovegrove Pdf

Austin Lovegrove examines the sentencing of offenders appearing on multiple offences and how judges, having fixed a prison sentence for each offence, determine an overall sentence for each offender. Analysing judges' verbal protocols for sentencing problems and sentences for fictitious cases, he is able to offer, first, a model of judicial sentencing in the form of a decision strategy comprising working rules deduced from the given responses of judges as they attempted to apply sentencing law, and, second, a numerical guideline in the form of an algebraic model quantifying the application of the working rules. On the basis of this empirical data, Dr Lovegrove furthers understanding of the nature and place of intuition in sentencing and of how the cumulation of sentence can be integrated into a system of proportionality related to the seriousness of single offences.

Author : Geraldine Mackenzie,Nigel Stobbs,Jodie O'Leary
Publisher : Unknown
Page : 324 pages
File Size : 41,9 Mb
Release : 2010
Category : Law
ISBN : STANFORD:36105134509772

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Principles of Sentencing by Geraldine Mackenzie,Nigel Stobbs,Jodie O'Leary Pdf

Sentencing in all Australian jurisdictions is now largely governed by legislation which prescribes some basic guidelines and principles. At the same time, the High Court and the State appeal courts have been more active in developing a sentencing jurisprudence, effectively standardising many of the core principles of sentencing law.However, judges and magistrates retain a wide discretion in almost every case, and lawyers argue many different, often disparate and sometimes inherently complex, factors.The authors of this book burrow through the maze of developing sentencing law to isolate, explain and critique the principles which operate across and between jurisdictions. They identify the key themes, analyse examples from the different jurisdictions and examine the exercise of judicial discretion both in the scope of factors that may be taken into account and in the choice of sanctions.

Author : Graeme Brown (Lawyer)
Publisher : Unknown
Page : 128 pages
File Size : 55,6 Mb
Release : 2014
Category : Criminal justice, Administration of
ISBN : 1509902643

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Criminal Sentencing as Practical Wisdom by Graeme Brown (Lawyer) Pdf

Author : Marvin E. Frankel
Publisher : Unknown
Page : 134 pages
File Size : 55,8 Mb
Release : 1973-01
Category : Electronic
ISBN : 0809013746

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Criminal Sentences by Marvin E. Frankel Pdf

Author : Christie Blatchford
Publisher : Anchor Canada
Page : 386 pages
File Size : 51,6 Mb
Release : 2017-11-28
Category : Social Science
ISBN : 9780385667982

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Life Sentence by Christie Blatchford Pdf

A beloved crime reporter revisits some of her biggest assignments and passes judgement on our judicial system--especially its judges. When Christie Blatchford wandered into a Toronto courtroom in 1978 for the start of the first criminal trial she would cover as a newspaper reporter, little did she know she was also at the start of a self-imposed life sentence. She has been reporting from Canadian courtrooms for the Toronto Star, The Globe and Mail and the National Post ever since. Back in '78, she loved the courts, lawyers and judges, and that persisted for many years. But slowly, surely, she suffered a loss of faith. What happened? It was at the Mike Duffy trial she had the epiphany: That judges are the new senators, unelected, unaccountable and overly entitled. Yet unlike senators, they continue to get away with it because any questioning by government or its agents is deemed an intrusion onto judicial independence. In her explosive new book, Christie Blatchford revisits trials from throughout her career and asks the hard questions--about judges playing with the truth--through editing of criminal records, whitewashing of criminal records, pre-trial rulings that kick out evidence the jury can't hear. She discusses bad or troubled judges--how and why they get picked, and what can be done about them. And shows how judges are handmaidens to the state, as in the Bernardo trial when a small-town lawyer and an intellectual writer were pursued with more vigor than Karla Homolka. For anyone interested in the political and judicial fabric of this country, Life Sentence is a remarkable, argumentative, insightful and important book.

Author : Graeme Brown
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 46,9 Mb
Release : 2017-06-01
Category : Law
ISBN : 9781509902637

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Criminal Sentencing as Practical Wisdom by Graeme Brown Pdf

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.