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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.
Author : Peter Henry Rossi,Richard Alan Berk Publisher : Transaction Publishers Page : 262 pages File Size : 55,6 Mb Release : 2024-06-30 Category : Law ISBN : 0202367010
Just Punishments by Peter Henry Rossi,Richard Alan Berk Pdf
The sentencing guidelines written by the U.S. Sentencing Commission for the federal crime courts were designed to lead to uniform the just punishments for convicted criminals. How well did the Commission's judgments about what were just punishments compare to the view of the American public? Using data from a 1994 national household survey, the authors compare the punishments described by the Commission to those desired by the public. Contrary to the frequency claims of excessive leniency on the part of judges that are often asserted by journalists and shapers of opinions, Rossi and Berk find strong correspondence between the median sentences deemed appropriate by the public and the sentences prescribed by the guidelines. Although the authors conclude that the Commission was able to match prescribed punishments closely to the American consensus for most crimes, in one category -- drug trafficking offenses -- the guidelines were much harsher in dealing with offenders. The national survey used a factorial survey as its design strategy, allowing for analysis of a large variety of federal crimes and variations in the social characteristics of convicted felons. A wealth of detail, along with ample graphic and tabular illustrations, extends the book's application to issues of consensus and variations in punitiveness by region and socioeconomic characteristics of respondents.
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.
Sentencing and Artificial Intelligence by Jesper Ryberg,Julian V. Roberts Pdf
The first collective work devoted exclusively to the ethical and penal theoretical considerations of the use of artificial intelligence at sentencing Is it morally acceptable to use artificial intelligence (AI) in the determination of sentences on those who have broken the law? If so, how should such algorithms be used--and what are the consequences? Jesper Ryberg and Julian V. Roberts bring together leading experts to answer these questions. Sentencing and Artificial Intelligence investigates to what extent, and under which conditions, justice and the social good may be promoted by allocating parts of the most important task of the criminal court--that of determining legal punishment--to computerized sentencing algorithms. The introduction of an AI-based sentencing system could save significant resources and increase consistency across jurisdictions. But it could also reproduce historical biases, decrease transparency in decision-making, and undermine trust in the justice system. Dealing with a wide-range of pertinent issues including the transparency of algorithmic-based decision-making, the fairness and morality of algorithmic sentencing decisions, and potential discrimination as a result of these practices, this volume offers avaluable insight on the future of sentencing.
This book examines the process and purpose of sentencing in the criminal justice system, beyond the confines of its legalistic aspects. Sentencing is the process that concludes any criminal trial that ends with the defendant being convicted, and any hearing in which a defendant pleads guilty. Those convicted of crime have been subject to sentencing as the method of imposing a punishment for their offences since the earliest existence of anything we would recognise as a criminal justice system. Yet the rationale behind sentencing, and the process by which it happens, has long been viewed through a traditional lens. In contrast, this book considers not just the process by which a Judge arrives at a numerical sentence of months in custody or the amount of a fine, but the wider meanings and effects of sentencing, as seen through the lens of various ideas of social justice. The book will appeal to students, academics, and legal practitioners who wish to consider a different perspective on the well-known and well-researched, but often shifting, area of sentencing.
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.
A number of jurisdictions, including England and Wales after their adoption of the 1991 Criminal Justice Act, require that sentences be `proportionate' to the severity of the crime. This book, written by the leading architect of `just deserts' sentencing theory, discusses how sentences may bescaled proportionately to the gravity of the crime. Topics dealt with include how the idea of a penal censure justifies proportionate sentences; how a penalty scale should be `anchored' to reduce overall punishment levels; how non-custodial penalties should be graded and used; and how politicalpressures impinge on sentencing policies.
Americans View Crime and Justice by Timothy J. Flanagan,Dennis R. Longmire Pdf
This book should be made a part of any college level library that features holdings in social sciences. . . . Americans View Crime and Justice presents a national public opinion survey and its results on the issues. These edited results of a survey conducted in 1995 examine such issues as gun control, capital punishment, and juvenile crime, offering public opinion along with the analyses of a panel of criminologists. --The Midwest Book Review Readable and carefully edited, Americans View Crime and Justice reports and analyzes results from the recent National Crime and Justice Survey (NCJS), the richest and most wide-ranging investigation of public opinion on crime and justice issues in more than a decade. Conducted in June 1995, the survey features responses from 1,000 adults in the United States on now-volatile issues such as fear of crime, gun control, capital punishment, juvenile crime, and additional related topics of national concern. A distinguished panel of criminologists analyzes the collected data in this volume to present a comprehensive report on the development and current status of public opinion on these timely issues. Divided into three sections—context and framework; findings; and opinion, policy, and science—this authoritative volume also analyzes the implications of the survey data. Providing interesting insights and timely quantification of Americans′ view of crime and justice, this volume offers a unique view of public opinion particularly important to the work of researchers, law enforcement personnel, policy makers, public officials, and students of criminology and criminal justice, law, and political science.
Swift and sure justice: by Great Britain: Ministry of Justice Pdf
This White Paper sets out the Government's programme of reforms to the criminal justice system in England and Wales. It is in part a response to the commitment given by the Prime Minister to learn the lessons from the highly effective and rapid reaction of the criminal justice agencies to last summer's disturbances. This Paper sets out the programme already in train across the criminal justice services to tackle delay and waste, increase accountability and transparency and improve public confidence. The White Paper sets out to reform the criminal justice system by: (i) Creating a swift and sure system of justice; (ii) Making it more transparent, accountable and responsive to local needs.
