Remorse Penal Theory And Sentencing

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Remorse, Penal Theory and Sentencing

Hannah Maslen
Remorse Penal Theory and Sentencing Book PDF

Author : Hannah Maslen
Publisher : Bloomsbury Publishing
Page : 232 pages
File Size : 52,5 Mb
Release : 2015-04-30
Category : Law
ISBN : 9781782258940

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Remorse, Penal Theory and Sentencing by Hannah Maslen Pdf

This monograph addresses a contested but under-discussed question in the field of criminal sentencing: should an offender's remorse affect the sentence he or she receives? Answering this question involves tackling a series of others: is it possible to justify mitigation for remorse within a retributive sentencing framework? Precisely how should remorse enter into the sentencing equation? How should the mitigating weight of remorse interact with other aggravating and mitigating factors? Are there some offence or offender characteristics that preclude remorse-based mitigation? Remorse is recognised as a legitimate mitigating factor in many sentencing regimes around the world, with powerful effects on sentence severity. Although there has been some discussion of whether this practice can be justified within the literature on sentencing and penal theory, this monograph provides the first comprehensive and in-depth study of possible theoretical justifications. Whilst the emphasis here is on theoretical justification, the monograph also offers analysis of how normative conclusions would play out in the broader context of sentencing decisions and the guidance intended to structure them. The conclusions reached have relevance for sentencing systems around the world.

Remorse and Criminal Justice

Steven Tudor,Richard Weisman,Michael Proeve,Kate Rossmanith
Remorse and Criminal Justice Book PDF

Author : Steven Tudor,Richard Weisman,Michael Proeve,Kate Rossmanith
Publisher : Routledge
Page : 314 pages
File Size : 50,6 Mb
Release : 2021-11-29
Category : Law
ISBN : 9780429673016

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Remorse and Criminal Justice by Steven Tudor,Richard Weisman,Michael Proeve,Kate Rossmanith Pdf

This multi-disciplinary collection brings together original contributions to present the best of current thinking about the nature and place of remorse in the context of criminal justice. Despite the widespread and long-standing nature of interest in offender remorse, the topic has until recently been peripheral in academic studies. The authors are scholars from North America, the United Kingdom, Europe, South Africa and Australia, from diverse academic disciplines. They reflect on the role of remorse in law, for better or for worse; on how expressions of remorse are affected by the legal contexts in which they arise; and on the impact of these expressions on the individual, the court and the community. The work is divided into four parts – Part I Judging Remorse addresses issues concerning the task of assessing remorse in the courtroom, usually prior to determining sentence. Part II Remorse Beyond the Courtroom explores the place and significance of remorse in various post-court settings. Part III Remorse, War and Social Trauma addresses remorse in the context of political violence and social trauma in the former Yugoslavia and South Africa. Finally, Part IV Reflections seeks to underscore the multi-disciplinary and inter-disciplinary nature of the collection as a whole, through personal and disciplinary reflections on remorse. The work provides a showcase for how diverse academic disciplines can be brought together through a focus on a common topic. As such, the collection will become a standard reference work for further research across a range of disciplines and promote inter-disciplinary dialogue.

Remorse

Michael Proeve,Steven Tudor
Remorse Book PDF

Author : Michael Proeve,Steven Tudor
Publisher : Routledge
Page : 264 pages
File Size : 55,8 Mb
Release : 2016-04-08
Category : Social Science
ISBN : 9781317066644

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Remorse by Michael Proeve,Steven Tudor Pdf

Remorse is a powerful, important and yet academically neglected emotion. This book, one of the very few extended examinations of remorse, draws on psychology, law and philosophy to present a unique interdisciplinary study of this intriguing emotion. The psychological chapters examine the fundamental nature of remorse, its interpersonal effects, and its relationship with regret, guilt and shame. A practical focus is also provided in an examination of the place of remorse in psychotherapeutic interventions with criminal offenders. The book's jurisprudential chapters explore the problem of how offender remorse is proved in court and the contentious issues concerning the effect that remorse - and its absence - should have on sentencing criminal offenders. The legal and psychological perspectives are then interwoven in a discussion of the role of remorse in restorative justice. In Remorse: Psychological and Jurisprudential Perspectives, Proeve and Tudor bring together insights of neighbouring disciplines to advance our understanding of remorse. It will be of interest to theoreticians in psychology, law and philosophy, and will be of benefit to practising psychologists and lawyers.

Remorse, Penal Theory and Sentencing

Hannah Maslen
Remorse Penal Theory and Sentencing Book PDF

Author : Hannah Maslen
Publisher : Bloomsbury Publishing
Page : 232 pages
File Size : 54,5 Mb
Release : 2015-04-30
Category : Law
ISBN : 9781782258933

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Remorse, Penal Theory and Sentencing by Hannah Maslen Pdf

This monograph addresses a contested but under-discussed question in the field of criminal sentencing: should an offender's remorse affect the sentence he or she receives? Answering this question involves tackling a series of others: is it possible to justify mitigation for remorse within a retributive sentencing framework? Precisely how should remorse enter into the sentencing equation? How should the mitigating weight of remorse interact with other aggravating and mitigating factors? Are there some offence or offender characteristics that preclude remorse-based mitigation? Remorse is recognised as a legitimate mitigating factor in many sentencing regimes around the world, with powerful effects on sentence severity. Although there has been some discussion of whether this practice can be justified within the literature on sentencing and penal theory, this monograph provides the first comprehensive and in-depth study of possible theoretical justifications. Whilst the emphasis here is on theoretical justification, the monograph also offers analysis of how normative conclusions would play out in the broader context of sentencing decisions and the guidance intended to structure them. The conclusions reached have relevance for sentencing systems around the world.

Crime, Guilt, and Punishment

C. L. Ten
Crime Guilt and Punishment Book PDF

Author : C. L. Ten
Publisher : Oxford University Press, USA
Page : 200 pages
File Size : 50,9 Mb
Release : 1987
Category : Criminal justice, Administration of
ISBN : STANFORD:36105040665569

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Crime, Guilt, and Punishment by C. L. Ten Pdf

Considering philosophical theories of punishment in light of both abstract arguments and factual evidence about the effects of punishing offenders, this book links the moral justification of punishment by the state to more general issues about the nature of moral disagreements and our obligations to obey the law. Ten applies his discussion to problems about the punishment of a variety of offenders--the mentally ill and dangerous, Nazi war criminals, "negligent" rapists and drivers, and others--and considers several related questions about crime and punishment.

The Practice of Punishment

Wesley Cragg
The Practice of Punishment Book PDF

Author : Wesley Cragg
Publisher : Routledge
Page : 223 pages
File Size : 40,6 Mb
Release : 2003-09-02
Category : Philosophy
ISBN : 9781134965908

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The Practice of Punishment by Wesley Cragg Pdf

This study focuses on the practice of punishment, as it is inflicted by the state. The author's first-hand experience with penal reform, combined with philosophical reflection, has led him to develop a theory of punishment that identifies the principles of sentencing and corrections on which modern correctional systems should be built. This new theory of punishment is built on the view that the central function of the law is to reduce the need to use force in the resolution of disputes. Professor Cragg argues that the proper role of sentencing and sentence administration is to sustain public confidence in the capacity of the law to fulfil that function. Sentencing and corrections should therefore be guided by principles of restorative justice. He points out that, although punishment may be an inevitable concomitant of law enforcement in general and sentencing in particular, inflicting punishment is not a legitimate objective of criminal justice. The strength and appeal of this account is that it moves well beyond the boundaries of conventional discussions. It examines punishment within the framework of policing and adjudication, analyses the relationship between punishment and sentencing, and provides a basis for evaluating correctional practices and such developments as electronic monitoring.

Previous Convictions at Sentencing

Julian V Roberts,Andreas von Hirsch
Previous Convictions at Sentencing Book PDF

Author : Julian V Roberts,Andreas von Hirsch
Publisher : Bloomsbury Publishing
Page : 236 pages
File Size : 40,5 Mb
Release : 2014-10-01
Category : Law
ISBN : 9781782256069

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Previous Convictions at Sentencing by Julian V Roberts,Andreas von Hirsch Pdf

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.

Reforming Community Penalties

Sue Rex
Reforming Community Penalties Book PDF

Author : Sue Rex
Publisher : Routledge
Page : 193 pages
File Size : 45,7 Mb
Release : 2013-01-11
Category : Social Science
ISBN : 9781134042913

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Reforming Community Penalties by Sue Rex Pdf

This book sets out to explore the role of community penalties in sentencing, arguing that the absence of a strong intellectual framework or underpinning has hampered their development in policy and practice. The research undertaken for this book involved asking people with a particular stake in criminal justice what the point of punishment was and what the courts were trying to achieve in sentencing offenders. It identifies the role of communication as crucial, and looks at ways in which 'communication' can be used to make punishment more constructive, exploring the role of restorative processes and considering the implications of the custody-community provisions in the Criminal Justice Act 2003. Reforming Community Penalties is a major contribution to penological theory and thinking about sentencing and role in criminal justice, and will be essential reading for all with a practitioner or academic interest in this subject. Its findings are likely to play a key role in aiding the development and practice of community penalties, and enabling them to command greater support, and to become a genuine alternative to the increasing use of custody in sentencing and punishment.

Penal Censure

Antje du Bois-Pedain,Anthony E Bottoms
Penal Censure Book PDF

Author : Antje du Bois-Pedain,Anthony E Bottoms
Publisher : Bloomsbury Publishing
Page : 508 pages
File Size : 51,9 Mb
Release : 2019-04-04
Category : Law
ISBN : 9781509919796

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Penal Censure by Antje du Bois-Pedain,Anthony E Bottoms Pdf

This exploration of penal censure is inspired by the 40th anniversary of the publication of Andreas von Hirsch's Doing Justice, which opened up a fresh set of issues in theorisation about punishment that eventually led von Hirsch to ground his proposed model of desert-based sentencing on the notion of penal censure. Von Hirsch's work thus provides an obvious starting-point for an exploration of the importance of censure for the justification of punishment, both within his theory of just deserts and from the perspectives of other theoretical approaches. It also provides an opportunity for engaging with censure more broadly from philosophical, sociological–anthropological and individual–psychological perspectives. The essays in this collection map the conceptual territory of censure from these different perspectives, address issues for desert theory that arise from fuller understandings of censure, and consider afresh the role of censure within the jurisprudence of punishment. They show that analyses of censure from different vantage points can significantly enrich punishment theory, not least by providing a conceptual basis for perceiving common ground between and thus connecting different strands of penal theory.

Criminal Justice and The Ideal Defendant in the Making of Remorse and Responsibility

Stewart Field,Cyrus Tata
Criminal Justice and The Ideal Defendant in the Making of Remorse and Responsibility Book PDF

Author : Stewart Field,Cyrus Tata
Publisher : Bloomsbury Publishing
Page : 279 pages
File Size : 49,8 Mb
Release : 2023-05-18
Category : Law
ISBN : 9781509939923

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Criminal Justice and The Ideal Defendant in the Making of Remorse and Responsibility by Stewart Field,Cyrus Tata Pdf

This book investigates how defendants are assessed by criminal justice decisionmakers, such as judges, lawyers, probation officers, parole board members and those involved in restorative justice. What attitudes and emotions are defendants expected to show? How are these expectations communicated? The book argues that defendants, at various stages of the criminal justice process, are expected to show a (more or less) free acceptance of guilt and individual responsibility along with a display of 'appropriate' emotions, ideally including 'genuine' remorse. It examines why such expressions of individual responsibility and remorse are so important to decision-makers and the state. With contributors from across the world, the book opens new comparative possibilities and research agendas.

Showing Remorse

Mr Richard Weisman
Showing Remorse Book PDF

Author : Mr Richard Weisman
Publisher : Ashgate Publishing, Ltd.
Page : 159 pages
File Size : 44,9 Mb
Release : 2014-02-28
Category : Law
ISBN : 9781472403025

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Showing Remorse by Mr Richard Weisman Pdf

Whether or not wrongdoers show remorse and how they show remorse are matters that attract great interest both in law and in popular culture. In capital trials in the United States, it can be a question of life or death whether a jury believes that a wrongdoer showed remorse. And in wrongdoings that capture the popular imagination, public attention focuses not only on the act but on whether the perpetrator feels remorse for what they did. But who decides when remorse should be shown or not shown and whether it is genuine or not genuine? In contrast to previous academic studies on the subject, the primary focus of this work is not on whether the wrongdoer meets these expectations over how and when remorse should be shown but on how the community reacts when these expectations are met or not met. Using examples drawn from Canada, the United States, and South Africa, the author demonstrates that the showing of remorse is a site of negotiation and contention between groups who differ about when it is to be expressed and how it is to be expressed. The book illustrates these points by looking at cases about which there was conflict over whether the wrongdoer should show remorse or whether the feelings that were shown were sincere. Building on the earlier analysis, the author shows that the process of deciding when and how remorse should be expressed contributes to the moral ordering of society as a whole. This book will be of interest to those in the fields of sociology, law, law and society, and criminology.

Sentencing the Self-Convicted

Julian V Roberts,Jesper Ryberg
Sentencing the Self Convicted Book PDF

Author : Julian V Roberts,Jesper Ryberg
Publisher : Bloomsbury Publishing
Page : 253 pages
File Size : 50,9 Mb
Release : 2023-02-23
Category : Law
ISBN : 9781509957453

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Sentencing the Self-Convicted by Julian V Roberts,Jesper Ryberg Pdf

This book addresses the fundamental ethical and legal aspects, penal consequences, and social context arising from a citizen's acceptance of guilt. The focus is upon sentencing people who have pleaded guilty; in short, post-adjudication, rather than issues arising from discussions in the pretrial phase of the criminal process. The vast majority of defendants across all common law jurisdictions plead guilty and as a result receive a reduced sentence. Concessions by a defendant attract more lenient State punishment in all western legal systems. The concession is significant: At a stroke, a guilty plea relieves the State of the burden of proving the defendant's guilt beyond a reasonable doubt, and in open court. Plea-based sentencing has become even more visible in recent years. The book provides insightful commentary on the following questions: - If an individual voluntarily accepts guilt, should the State receive this plea without further investigation or any disinterested adjudication? - Is it ethically acceptable to allow suspects and defendants, to self-convict in this manner, without independent confirmation and evidence to support a conviction? - If it is acceptable, what is the appropriate State response to such offenders? - If the defendant is detained pretrial, the ability to secure release in return for a plea may be particularly enticing. Might it be too enticing, resulting in wrongful convictions?

Sentencing Guidelines

Andrew Ashworth,Julian V. Roberts
Sentencing Guidelines Book PDF

Author : Andrew Ashworth,Julian V. Roberts
Publisher : Oxford University Press
Page : 307 pages
File Size : 42,7 Mb
Release : 2013-07-18
Category : Law
ISBN : 9780199684571

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Sentencing Guidelines by Andrew Ashworth,Julian V. Roberts Pdf

How do sentencing guidelines affect judicial practice? Can public opinion influence the development of these guidelines and what role does the victim have? How do barristers use the guidelines in practice? These questions and more are addressed in this volume examining the English sentencing guidelines and how they function.

Exploring Sentencing Practice in England and Wales

J. Roberts
Exploring Sentencing Practice in England and Wales Book PDF

Author : J. Roberts
Publisher : Springer
Page : 268 pages
File Size : 43,8 Mb
Release : 2015-02-27
Category : Social Science
ISBN : 9781137390400

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Exploring Sentencing Practice in England and Wales by J. Roberts Pdf

This volume explores the theory and practice of sentencing in England and Wales, exploring issues such as the role of previous convictions, offender remorse and sentencing female offenders, as well as drawing upon a new and unique source of data from the Crown courts.

A Theory of Legal Punishment

Matthew C. Altman
A Theory of Legal Punishment Book PDF

Author : Matthew C. Altman
Publisher : Routledge
Page : 211 pages
File Size : 51,9 Mb
Release : 2021-05-05
Category : Law
ISBN : 9781000379341

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A Theory of Legal Punishment by Matthew C. Altman Pdf

This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state. A central question in the philosophy of law is why the state’s punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book recognizes the strength of both positions. According to the two-tiered model, the institution of punishment and statutory penalties, as set by the legislature, are justified based on their costs and benefits, in terms of deterrence and rehabilitation. The law exists to preserve the public order. Criminal courts, by contrast, determine who is punished and how much based on what offenders deserve. The courts express the community’s collective sense of resentment at being wronged. This book supports the two-tiered model by showing that it accords with our moral intuitions, commonly held (compatibilist) theories of freedom, and assumptions about how the extent of our knowledge affects our obligations. It engages classic and contemporary work in the philosophy of law and explains the theory’s advantages over competing approaches from retributivists and other mixed theorists. The book also defends consequentialism against a longstanding objection that the social sciences give us little guidance regarding which policies to adopt. Drawing on recent criminological research, the two-tiered model can help us to address some of our most pressing social issues, including the death penalty, drug policy, and mass incarceration. This book will be of interest to philosophers, legal scholars, policymakers, and social scientists, especially criminologists, economists, and political scientists.