Judicial Decision Making Sentencing Policy And Numerical Guidance

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Judicial Decision Making, Sentencing Policy, and Numerical Guidance

Austin Lovegrove
Judicial Decision Making Sentencing Policy and Numerical Guidance Book PDF

Author : Austin Lovegrove
Publisher : Springer Science & Business Media
Page : 302 pages
File Size : 43,9 Mb
Release : 2012-12-06
Category : Psychology
ISBN : 9781468470802

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Judicial Decision Making, Sentencing Policy, and Numerical Guidance by Austin Lovegrove Pdf

This book describes an original, empirical study of judicial decision making. The process of determining sentences is a difficult one for judges and often unnecessarily intuitive, subjective, and complex. The present study introduces a conceptual outline and empirical technique for increasing the precision of sentencing policy, thus offering an aid to judges who sentence in the light of this policy. The primary purpose of this model of judicial decision making is to provide a framework for scaling the seriousness of any single case in relation to the facts of that case and for relating this assessment to the appropriate quantum of sentence. The validity of the model is tested and cross-validated in an archival study. This innovative research serves as an important prototype for a system of numerical guidance to judges and sentencers.

The Framework of Judicial Sentencing

Austin Lovegrove
The Framework of Judicial Sentencing Book PDF

Author : Austin Lovegrove
Publisher : Cambridge University Press
Page : 296 pages
File Size : 49,5 Mb
Release : 1997-05-01
Category : Social Science
ISBN : 0521584272

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The Framework of Judicial Sentencing by Austin Lovegrove Pdf

Austin Lovegrove examines the thinking of judges as they sentence multiple offenders, and identifies the strategies judges have developed to help them apply sentencing law in individual cases, based on their responses when asked to "think aloud" while undertaking sentencing problems. Giving increased specificity to legal analyses of the sentencing process, Dr. Lovegrove enables the appropriateness of the judicial approach to be evaluated, and offers a basis for rule-based and numerical guidelines by making what is currently a largely intuitive process more deliberative.

How Do Judges Decide?

Cassia Spohn
How Do Judges Decide Book PDF

Author : Cassia Spohn
Publisher : SAGE
Page : 377 pages
File Size : 43,5 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.

Sentencing Guidelines

Andrew Ashworth,Julian V. Roberts
Sentencing Guidelines Book PDF

Author : Andrew Ashworth,Julian V. Roberts
Publisher : OUP Oxford
Page : 320 pages
File Size : 47,5 Mb
Release : 2013-07-18
Category : Law
ISBN : 9780191507502

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Sentencing Guidelines by Andrew Ashworth,Julian V. Roberts Pdf

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.

Sentencing in International Criminal Law

Silvia D'Ascoli
Sentencing in International Criminal Law Book PDF

Author : Silvia D'Ascoli
Publisher : Bloomsbury Publishing
Page : 468 pages
File Size : 52,5 Mb
Release : 2011-04-01
Category : Law
ISBN : 9781847316448

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Sentencing in International Criminal Law by Silvia D'Ascoli Pdf

This book deals with sentencing in international criminal law, focusing on the approach of the UN ad hoc Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). In contrast to sentencing in domestic jurisdictions, and in spite of its growing importance, sentencing law is a part of international criminal law that is still 'under construction' and is unregulated in many aspects. International sentencing law and practice is not yet defined by exact norms and principles and as yet there is no body of international principles concerning the determination of sentence, notwithstanding the huge volume of sentencing research and the extensive modern debate about sentencing principles. Moreover international judges receive very little guidance in sentencing matters: this contributes to inconsistencies and may increase the risk that similar cases will be sentenced in different ways. One purpose of this book is to investigate and evaluate the process of international sentencing, especially as interpreted by the ICTY and the ICTR, and to suggest a more comprehensive and coherent system of guiding principles, which will foster the development of a law of sentencing for international criminal justice. The book discusses the law and jurisprudence of the ad hoc Tribunals, and also presents an empirical analysis of influential factors and other data from ICTY and ICTR sentencing practice, thus offering quantitative support for the doctrinal analysis. This publication is one of the first to be entirely devoted to the process of sentencing in international criminal justice. The book will thus be of great interest to practitioners, academics and students of the subject.

Judicial Applications of Artificial Intelligence

Giovanni Sartor,L. Karl Branting
Judicial Applications of Artificial Intelligence Book PDF

Author : Giovanni Sartor,L. Karl Branting
Publisher : Springer Science & Business Media
Page : 230 pages
File Size : 43,5 Mb
Release : 2013-04-17
Category : Law
ISBN : 9789401590105

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Judicial Applications of Artificial Intelligence by Giovanni Sartor,L. Karl Branting Pdf

The judiciary is in the early stages of a transformation in which AI (Artificial Intelligence) technology will help to make the judicial process faster, cheaper, and more predictable without compromising the integrity of judges' discretionary reasoning. Judicial decision-making is an area of daunting complexity, where highly sophisticated legal expertise merges with cognitive and emotional competence. How can AI contribute to a process that encompasses such a wide range of knowledge, judgment, and experience? Rather than aiming at the impossible dream (or nightmare) of building an automatic judge, AI research has had two more practical goals: producing tools to support judicial activities, including programs for intelligent document assembly, case retrieval, and support for discretionary decision-making; and developing new analytical tools for understanding and modeling the judicial process, such as case-based reasoning and formal models of dialectics, argumentation, and negotiation. Judges, squeezed between tightening budgets and increasing demands for justice, are desperately trying to maintain the quality of their decision-making process while coping with time and resource limitations. Flexible AI tools for decision support may promote uniformity and efficiency in judicial practice, while supporting rational judicial discretion. Similarly, AI may promote flexibility, efficiency and accuracy in other judicial tasks, such as drafting various judicial documents. The contributions in this volume exemplify some of the directions that the AI transformation of the judiciary will take.

Sentencing: A Social Process

Cyrus Tata
Sentencing A Social Process Book PDF

Author : Cyrus Tata
Publisher : Springer Nature
Page : 187 pages
File Size : 41,8 Mb
Release : 2019-12-28
Category : Social Science
ISBN : 9783030010607

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Sentencing: A Social Process by Cyrus Tata Pdf

This book asks how we should make sense of sentencing when, despite huge efforts world-wide to analyse, critique and reform it, it remains an enigma.Sentencing: A Social Process reveals how both research and policy-thinking about sentencing are confined by a paradigm that presumes autonomous individualism, projecting an artificial image of sentencing practices and policy potential. By conceiving of sentencing instead as a social process, the book advances new policy and research agendas. Sentencing: A Social Process proposes innovative solutions to classic conundrums, including: rules versus discretion; aggravating versus mitigating factors; individualisation versus consistency; punishment versus rehabilitation; efficient technologies versus the quality of justice; and ways of reducing imprisonment.

Magistrates' Decision-Making in Child Protection Cases

Rosemary Sheehan
Magistrates Decision Making in Child Protection Cases Book PDF

Author : Rosemary Sheehan
Publisher : Routledge
Page : 395 pages
File Size : 48,5 Mb
Release : 2018-02-06
Category : Law
ISBN : 9781351782678

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Magistrates' Decision-Making in Child Protection Cases by Rosemary Sheehan Pdf

This title was first published in 2001. Making decisions about the care and protection of children who appear before the courts is complex. Attention must be paid to the best interests of the child, the child’s need for their family, community views on parenting, and concern about welfare intrusion into family life. Magistrates have a unique authority to make, or reject child protection orders - yet the criteria they use to decide a protection order, how they understand the information presented to them in court and the factors that influence their discretion and decision-making have, until now, been little known. Presenting the findings of a study undertaken at Melbourne Children’s Court, this book offers a much-needed investigation of how magistrates actually make child protection decisions. Case examples highlight this decision-making and the book thus offers practical assistance to professionals working with children in the legal process.

How Judges Sentence

Geraldine Mackenzie
How Judges Sentence Book PDF

Author : Geraldine Mackenzie
Publisher : Federation Press
Page : 212 pages
File Size : 49,6 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.

Sentencing and the Legitimacy of Trial Justice

Ralph Henham
Sentencing and the Legitimacy of Trial Justice Book PDF

Author : Ralph Henham
Publisher : Routledge
Page : 425 pages
File Size : 51,8 Mb
Release : 2013-03-01
Category : Social Science
ISBN : 9781136657436

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Sentencing and the Legitimacy of Trial Justice by Ralph Henham Pdf

This book discusses the under-researched relationship between sentencing and the legitimacy of punishment. It argues that there is an increasing gap between what is perceived as legitimate punishment and the sentencing decisions of the criminal courts. Drawing on a wide variety of empirical research evidence, the book explores how sentencing could be developed within a more socially-inclusive framework for the delivery of trial justice. In the international context, such developments are directly relevant to the future role of the International Criminal Court, especially its ability to deliver more coherent and inclusive trial outcomes that contribute to social reconstruction. Similarly, in the national context, these issues have a vital role to play in helping to re-position trial justice as a credible cornerstone of criminal justice governance where social diversity persists. In so doing the book should help policy-makers in appreciating the likely implications for criminal trials of ‘mainstreaming’ restorative forms of justice. Sentencing and the Legitimacy of Trial Justice firmly ties the issue of legitimacy to the relevant context for delivering ‘justice’. It suggests a need to develop the tools and methods for achieving this and offers some novel solutions to this complex problem. This book will be a valuable resource for graduate students, academics, practitioners and policy makers in the field of criminal justice as well as scholars interested in socio-legal and cross-disciplinary approaches to the analysis of criminal process and sentencing and the development of theory and comparative methodology in this area.

Exploring Criminal Justice: the Essentials

Robert M. Regoli,John D. Hewitt
Exploring Criminal Justice the Essentials Book PDF

Author : Robert M. Regoli,John D. Hewitt
Publisher : Jones & Bartlett Publishers
Page : 450 pages
File Size : 49,9 Mb
Release : 2009-01-23
Category : Medical
ISBN : 9780763787172

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Exploring Criminal Justice: the Essentials by Robert M. Regoli,John D. Hewitt Pdf

Exploring Criminal Justice: The Essentials provides an extensive overview of the American criminal justice system in a concise and accessible format. This engaging text examines the people and processes that make up the system and how they interact. It also covers the historic context and modern features of the criminal justice system and encourages students to think about how current events in crime affect their everyday lives. Important Notice: The digital edition of this book is missing some of the images or content found in the physical edition.

Human Judgment and Social Policy

Kenneth R. Hammond
Human Judgment and Social Policy Book PDF

Author : Kenneth R. Hammond
Publisher : Oxford University Press, USA
Page : 449 pages
File Size : 52,7 Mb
Release : 1996
Category : Decision making
ISBN : 9780195143270

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Human Judgment and Social Policy by Kenneth R. Hammond Pdf

With numerous examples from law, medicine, engineering, and economics, the author presents a comprehensive examination of the underlying dynamics of judgment, dramatizing its important role in the formation of social policies which affect us all.

Big Data, Crime and Social Control

Aleš Završnik
Big Data Crime and Social Control Book PDF

Author : Aleš Završnik
Publisher : Routledge
Page : 286 pages
File Size : 52,5 Mb
Release : 2017-09-20
Category : Social Science
ISBN : 9781315395760

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Big Data, Crime and Social Control by Aleš Završnik Pdf

From predictive policing to self-surveillance to private security, the potential uses to of big data in crime control pose serious legal and ethical challenges relating to privacy, discrimination, and the presumption of innocence. The book is about the impacts of the use of big data analytics on social and crime control and on fundamental liberties. Drawing on research from Europe and the US, this book identifies the various ways in which law and ethics intersect with the application of big data in social and crime control, considers potential challenges to human rights and democracy and recommends regulatory solutions and best practice. This book focuses on changes in knowledge production and the manifold sites of contemporary surveillance, ranging from self-surveillance to corporate and state surveillance. It tackles the implications of big data and predictive algorithmic analytics for social justice, social equality, and social power: concepts at the very core of crime and social control. This book will be of interest to scholars and students of criminology, sociology, politics and socio-legal studies.

Transforming International Criminal Justice

Mark J. Findlay,Ralph Henham
Transforming International Criminal Justice Book PDF

Author : Mark J. Findlay,Ralph Henham
Publisher : Routledge
Page : 428 pages
File Size : 45,7 Mb
Release : 2005-06-01
Category : Social Science
ISBN : 9781317436683

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Transforming International Criminal Justice by Mark J. Findlay,Ralph Henham Pdf

This book sets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities through collaboration of currently competing paradigms. It reflects a transformation of thinking about the comparative analysis of the trial process, and seeks to advance the boundaries of international criminal justice through wider access and inclusivity in an environment of rights protection.Collaborative justice is advanced as providing the future context of international criminal trials. The book's radical dimension is its argument for the harmonization of restorative and retributive justice within the international criminal trial. The focus is initially on the trial process, a key symbol of developing international styles of justice. It examines theoretical models and political applications of criminal justice through detailed empirical analysis, in order to explore the underlying relationship of theory and empirical study, applying the outcome in theory testing and policy evaluation in several different jurisdictions. The book injects a significant comparative dimension into the study of international criminal justice.This is achieved through searching the traditional foundations of internationalism in justice by employing an original methodology to enable a multi-dimensional exploration of contexts (local, regional and global), so recognising the importance of difference within an agenda suggesting synthesis.The book argues for a concept of international trial within a 'rights paradigm', understood against different procedural traditions and practices, and provides a detailed description of trials and trial decision-making in various jurisdictions. Transforming International Criminal Justice also sets out to develop effective research strategies as part of its interrogation of specific trial narratives and meanings in contemporary legal cultures. Key themes are those of internationalisation, fair trial and the exercise of discretion in justice resolutions (sentencing in particular), and the lay/professional relationship and its dynamics. Finally, the book provides a searching critique of the relevance of existing criminology and legal sociology in relation to international criminal justice, and speculates on trial transformation and the merger of retributive and restorative international criminal justice. comparative analysis of the criminal trial process internationallyargues for harmonization of retributive and restorative justice within the international criminal trialsets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities

Criminal Sentencing in Bangladesh

Muhammad Mahbubur Rahman
Criminal Sentencing in Bangladesh Book PDF

Author : Muhammad Mahbubur Rahman
Publisher : BRILL
Page : 460 pages
File Size : 48,5 Mb
Release : 2017-03-27
Category : Law
ISBN : 9789004341937

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Criminal Sentencing in Bangladesh by Muhammad Mahbubur Rahman Pdf

Examining the sentencing policies of Bangladesh, Criminal Sentencing in Bangladesh calls for going beyond the universal, asocial and apolitical formulations as proclaimed in mainstream sentencing literature in order to decipher the sentencing realities of non-western, post-colonial jurisdictions.