Penal Populism Sentencing Councils And Sentencing Policy

Author : Arie Freiberg,Karen Gelb
Publisher : Routledge
Page : 257 pages
File Size : 53,8 Mb
Release : 2014-03-05
Category : Social Science
ISBN : 9781317821847

Get Book

Penal Populism, Sentencing Councils and Sentencing Policy by Arie Freiberg,Karen Gelb Pdf

Public outcries and political platforms based on misinformation and misconceptions about the criminal justice system and current sentencing practice occur all too often in democratic societies. Penal Populism, Sentencing Councils and Sentencing Policy attempts to address this problem by bringing together important contributions from a number of distinguished experts in the field. Penal Populism presents theoretical perspectives on the role of the public in the development of sentencing policy. It places particular emphasis on the emerging role of sentencing commissions, advisory councils or panels in a number of English speaking countries: Australia, New Zealand, the United States, the United Kingdom, Scotland and South Africa. The book explains, expands and develops the existing literature that looks at public attitudes to justice and the role that the 'public' can play in influencing policy. Written in a scholarly yet accessible style, Penal Populism asks the critical questions: should 'public opinion', or preferably, 'public judgment' be relevant to court decision-making, to institutional decision-making and to the political process? And if so, how?

Author : Arie Freiberg
Publisher : Hawkins Press
Page : 248 pages
File Size : 46,8 Mb
Release : 2008
Category : Electronic
ISBN : 1876067225

Get Book

Penal Populism by Arie Freiberg Pdf

With particular emphasis on the emerging role of sentencing commissions, advisory councils or panels in a number of English speaking countries, this book brings together the theoretical perspectives on the role of the public in the development of sentencing policy.Freiberg and Gelb expand and develop the existing literature that looks at public attitudes to justice and the role that the "public" can play in influencing policy. It asks the critical questions: even if "public opinion", or preferably, "public judgment" can be ascertained in relation to a particular sentencing issue, should it be relevant to court decision-making, to institutional decision-making and to the political process? And if so, how?For the first time, descriptions and analyses of new and proposed sentencing advisory bodies in Australia, New Zealand, the United States, the United Kingdom, Scotland and South Africa are outlined and provided. Further, it adds to the knowledge in the field of public opinion by presenting practical examples of ways in which the public has a role in sentencing - illustrating the implementation of recommendations that have been made in existing research over the past few years. These recommendations have focussed on ways to improve public knowledge about the criminal justice system in order to counter political platforms and public outcries that are based on misinformation and misconceptions about the criminal justice system and in particular, about the nature of current sentencing practice.The book is structured in two parts. Part 1 deals with general matters relating to public opinion: our knowledge of what it is or purports to be, and how that influences or shapes sentencing policy. Part 2 deals with the development, and nature of, sentencing councils and their roles vis a vis the public, government and courts.

Author : Julian V. Roberts,Loretta J. Stalans,Mike Hough,David Indermaur
Publisher : Oxford University Press on Demand
Page : 259 pages
File Size : 44,6 Mb
Release : 2003
Category : Literary Collections
ISBN : 9780195136234

Get Book

Penal Populism and Public Opinion by Julian V. Roberts,Loretta J. Stalans,Mike Hough,David Indermaur Pdf

The five countries examined are the United States, the United Kingdom, Canada, Australia and New Zealand.

Author : Ralph Henham
Publisher : Oxford University Press
Page : 321 pages
File Size : 54,9 Mb
Release : 2018-02-09
Category : Law
ISBN : 9780191029035

Get Book

Sentencing Policy and Social Justice by Ralph Henham Pdf

Sentencing Policy and Social Justice argues that the promotion of social justice should become a key objective of sentencing policy, advancing the argument that the legitimacy of sentencing ultimately depends upon the strength of the relationship between social morality and penal ideology. It sheds light on how shared moral values can influence sentencing policy at a time when relationships of community appear increasingly fragmented, arguing that sentencing will be better placed to make a positive contribution to social justice if it becomes more sensitive to the commonly-accepted moral boundaries that underpin adherence to the 'rule of law'. The need to reflect public opinion in sentencing has received significant attention more recently, with renewed interest in jury sentencing, 'stakeholder sentencing', and the involvement of community views when regulating policy. The author, however, advocates a different approach, combining a new theoretical focus with practical suggestions for reform, and arguing that the contribution sentencing can make to social justice necessitates a fundamental change in the way shared values about the advantages of punishment are reflected in penal ideology and sentencing policy. Using examples from international, comparative and domestic contexts to advance the moral and ethical case for challenging the existing theories of sentencing, the book develops the author's previous theoretical ideas and outlines how these changes could be given practical shape within the context of sentencing in England and Wales. It assesses the consequences for penal governance due to increased state regulation of discretionary sentencing power and examines the prospects for achieving the kind of moral transformation regarded as necessary to reverse such a move. To illustrate these issues each chapter focuses on a particularly problematic area for contemporary sentencing policy; namely, the sentencing of women; the sentencing of irregular migrants; sentencing for offences of serious public disorder; and sentencing for financial crime.

Author : John Pratt
Publisher : Routledge
Page : 261 pages
File Size : 42,7 Mb
Release : 2007-02-12
Category : Political Science
ISBN : 9781134173280

Get Book

Penal Populism by John Pratt Pdf

Expertly drawing on international examples and existing literature, Penal Populism closes a gap in the field of criminology. In this fascinating expose of current crime policy John Pratt examines the role played by penal populism on trends in contemporary penal policy. Penal populism is associated with the public's decline of deference to the criminal justice establishment amidst alarm that crime is out of control. Pratt argues that new media technology is helping to spread national insecurities and politicians are not only encouraging such sentiments but are also being led on by them. Pratt explains it is having most influence in the development of policy on sex offenders, youth crime, persistent criminals and anti-social behaviour. This topical resource also covers new dimensions of the phenomenon, including: the changing nature and structure of the mass media less reliance on the more orthodox expertise of civil servants and academics limitations to the impact of populism, bureaucratic resistance from judges, lawyers and academics and the restorative justice movement. This is essential reading for students, researchers and professionals working in criminology and crime policy.

Author : European Committee on Crime Problems
Publisher : Unknown
Page : 98 pages
File Size : 48,7 Mb
Release : 1974
Category : Sentences (Criminal procedure)
ISBN : UCAL:$B593953

Get Book

Sentencing by European Committee on Crime Problems Pdf

Author : Natalia Antolak-Saper
Publisher : Taylor & Francis
Page : 190 pages
File Size : 41,5 Mb
Release : 2022-09-09
Category : Law
ISBN : 9781000647785

Get Book

The Role of the Media in Criminal Justice Policy by Natalia Antolak-Saper Pdf

This book provides a socio-legal examination of the media’s influence on the development and implementation of criminal justice policy. This impact is often assumed. And, especially in the wake of high-profile crimes, the press is routinely observed calling for sentences to be harsher, and for governments to be tougher on crime. But how do we know that there is a connection? To answer this question, the book draws on a case study of the media reporting of the rape and murder of Jill Meagher in Melbourne, Australia; as well as other well-known cases, including those of James Bulger, Sarah Payne, Stephen Lawrence and Michael Brown, among others. Deploying a socio-legal framework to examine how the media’s often powerful and emotive narratives play a crucial role in the development and implementation of law, the book provides a deep and critical reflection on its influence. The book concludes with a number of suggestions for media reform: both to moderate the media’s influence, and to incorporate a broader range of viewpoints. This multi-disciplinary book will appeal to scholars and students in sociolegal studies, criminology and criminal law as well as those working in relevant areas in sociology and media studies.

Author : Patricia Easteal
Publisher : Cambridge Scholars Publishing
Page : 325 pages
File Size : 46,9 Mb
Release : 2014-10-16
Category : Law
ISBN : 9781443869409

Get Book

Justice Connections by Patricia Easteal Pdf

Former High Court judge of Australia, the Hon Michael Kirby, AC, CMG, in addressing the symposium that has evolved into this book, stressed the need for vigilance in the pursuit and protection of justice. Justice Connections is evidence of such vigilance. The book is a veritable smorgasbord of subjects – violence against women, Indigenous people, sentencing, genetic profiling, cultural exceptionalism, arbitral proceedings and environmental law. However, certain themes are constant. The notion of respect for the individual and their personal characteristics underpins the analyses in the book. Accordingly, a number of contributors examine the need to recognise and protect the potentially vulnerable in society. There is recognition too of the significance of the public interest and public participation in just policy and decision-making. Whilst the principle of the rule of law is a constant in civilised society another message of the book is that its form is very much an evolving beast. Furthermore, the book illustrates that justice is not synonymous with law, but more, as Professor Margaret Thornton concludes, ‘a performative idea that is played out differently in different sites by different actors’.

Author : J. Ryberg,J. Corlett
Publisher : Springer
Page : 190 pages
File Size : 45,9 Mb
Release : 2010-10-20
Category : Philosophy
ISBN : 9780230290624

Get Book

Punishment and Ethics by J. Ryberg,J. Corlett Pdf

A collection of original contributions by philosophers working in the ethics of punishment, gathering new perspectives on various challenging topics including punishment and forgiveness, dignity, discrimination, public opinion, torture, rehabilitation, and restitution.

Author : Jesper Ryberg,Julian V. Roberts
Publisher : Oxford University Press
Page : 320 pages
File Size : 42,8 Mb
Release : 2014-05-15
Category : Law
ISBN : 9780199941384

Get Book

Popular Punishment by Jesper Ryberg,Julian V. Roberts Pdf

Should public opinion determine--or even influence--sentencing policy and practice? Should the punishment of criminal offenders reflect what the public regards as appropriate? These deceptively simple questions conceal complex theoretical and methodological challenges to the administration of punishment. In the West, politicians have often answered these questions in the affirmative; penal reforms have been justified with direct reference to the attitudes of the public. This is why the contention that politicians should bridge the gap between the public and criminal justice practice has widespread resonance. Criminal law scholars, for their part, have often been more reluctant to accept public input in penal practice, and some have even held that the idea of consulting public opinion constitutes a populist approach to punishment. The purpose of this book is to examine the moral significance of public opinion for penal theory and practice. For the first time in a single volume the editors, Jesper Ryberg and Julian V. Roberts, have assembled a number of respected criminologists, philosophers, and legal theorists to address the various aspects of why and how public opinion should be reflected in the way the criminal justice system deals with criminals. The chapters address the myriad complexities surrounding this issue by first weighing the justifications for incorporating public views into punishment practices and then considering the various ways this might be achieved through juries, prosecutors, restorative justice programs, and other means.

Author : Cassia Spohn,Pauline Brennan
Publisher : Taylor & Francis
Page : 407 pages
File Size : 44,5 Mb
Release : 2019-06-14
Category : Political Science
ISBN : 9780429650932

Get Book

Handbook on Sentencing Policies and Practices in the 21st Century by Cassia Spohn,Pauline Brennan Pdf

Sentencing Policies and Practices in the 21st Century focuses on the evolution and consequences of sentencing policies and practices, with sentencing broadly defined to include plea bargaining, judicial and juror decision making, and alternatives to incarceration, including participation in problem-solving courts. This collection of essays and reports of original research explores how sentencing policies and practices, both in the United States and internationally, have evolved, explores important issues raised by guideline and non-guideline sentencing, and provides an overview of recent research on plea bargaining in the United States, Australia, and the United Kingdom. Other topics include the role of criminal history in sentencing, the past and future of capital punishment, strategies for reducing mass incarceration, problem-solving courts, and restorative justice practices. Each chapter summarizes what is known, identifies the gaps in the research, and discusses the theoretical, empirical, and policy implications of the research findings. The volume is grounded in current knowledge about the specific topics, but also presents new material that reflects the thinking of the leading minds in the field and that outlines a research agenda for the future. This is Volume 4 of the American Society of Criminology’s Division on Corrections and Sentencing handbook series. Previous volumes focused on risk assessment, disparities in punishment, and the consequences of punishment decisions. The handbooks provide a comprehensive overview of these topics for scholars, students, practitioners, and policymakers.

Author : Ralph Henham
Publisher : Oxford University Press
Page : 245 pages
File Size : 53,9 Mb
Release : 2018-02-22
Category : Law
ISBN : 9780191029042

Get Book

Sentencing Policy and Social Justice by Ralph Henham Pdf

Sentencing Policy and Social Justice argues that the promotion of social justice should become a key objective of sentencing policy, advancing the argument that the legitimacy of sentencing ultimately depends upon the strength of the relationship between social morality and penal ideology. It sheds light on how shared moral values can influence sentencing policy at a time when relationships of community appear increasingly fragmented, arguing that sentencing will be better placed to make a positive contribution to social justice if it becomes more sensitive to the commonly-accepted moral boundaries that underpin adherence to the 'rule of law'. The need to reflect public opinion in sentencing has received significant attention more recently, with renewed interest in jury sentencing, 'stakeholder sentencing', and the involvement of community views when regulating policy. The author, however, advocates a different approach, combining a new theoretical focus with practical suggestions for reform, and arguing that the contribution sentencing can make to social justice necessitates a fundamental change in the way shared values about the advantages of punishment are reflected in penal ideology and sentencing policy. Using examples from international, comparative and domestic contexts to advance the moral and ethical case for challenging the existing theories of sentencing, the book develops the author's previous theoretical ideas and outlines how these changes could be given practical shape within the context of sentencing in England and Wales. It assesses the consequences for penal governance due to increased state regulation of discretionary sentencing power and examines the prospects for achieving the kind of moral transformation regarded as necessary to reverse such a move. To illustrate these issues each chapter focuses on a particularly problematic area for contemporary sentencing policy; namely, the sentencing of women; the sentencing of irregular migrants; sentencing for offences of serious public disorder; and sentencing for financial crime.

Author : Albert W. Dzur,Ian Loader,Richard Sparks
Publisher : Oxford University Press
Page : 361 pages
File Size : 52,9 Mb
Release : 2016
Category : Political Science
ISBN : 9780190243098

Get Book

Democratic Theory and Mass Incarceration by Albert W. Dzur,Ian Loader,Richard Sparks Pdf

Despite its increasing visibility as a social issue, mass incarceration - and its inconsistency with core democratic ideals - rarely surfaces in contemporary political theory. Democratic Theory and Mass Incarceration seeks to overcome this puzzling disconnect by deepening the dialogue between democratic theory and punishment policy.

Author : Susanne Boucher,Kenneth Landa
Publisher : Unknown
Page : 423 pages
File Size : 41,8 Mb
Release : 2005
Category : Searches and seizures
ISBN : 1552210871

Get Book

Understanding Section 8 by Susanne Boucher,Kenneth Landa Pdf

This book looks at what constitutes an unreasonable search or seizure under section 8 of the Canadian Charter of Rights and Freedoms. Second, it examines what the appropriate legal and evidentiary consequences are when an unreasonable search or seizure occurs.

Author : Human Rights Watch
Publisher : Seven Stories Press
Page : 957 pages
File Size : 45,9 Mb
Release : 2019-02-05
Category : Political Science
ISBN : 9781609808853

Get Book

World Report 2019 by Human Rights Watch Pdf

The best country-by-country assessment of human rights. The human rights records of more than ninety countries and territories are put into perspective in Human Rights Watch's signature yearly report. Reflecting extensive investigative work undertaken by Human Rights Watch staff, in close partnership with domestic human rights activists, the annual World Report is an invaluable resource for journalists, diplomats, and citizens, and is a must-read for anyone interested in the fight to protect human rights in every corner of the globe.