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Author : United States Sentencing Commission
Publisher : Unknown
Page : 68 pages
File Size : 41,6 Mb
Release : 1988-10
Category : Sentences (Criminal procedure)
ISBN : MINN:31951D01984795V
Author : South African Law Commission
Publisher : Unknown
Page : 200 pages
File Size : 54,5 Mb
Release : 2000
Category : Criminal justice, Administration of
ISBN : STANFORD:36105063138528
The South African sentencing system faces certain problems. There is a perception that like cases are not being treated alike; that sentencers do not give enough weight to certain serious offences; that South African restorative alternatives are not being provided for offenders being sent to prison for less serious offences; that sufficient attention is not being paid to the concerns of victims of crime; and that, largely because of overcrowding, sentenced prisoners are being released too readily. The Commission has accepted that there is substance to this criticism of the sentencing system and proposes a framework that in its view can remedy these problems to the greatest extent possible.
Author : South African Law Commission
Publisher : Unknown
Page : 162 pages
File Size : 43,5 Mb
Release : 2000
Category : Justice, Administration of
ISBN : 0621300705
Author : Sue Rex,Michael Tonry
Publisher : Routledge
Page : 249 pages
File Size : 49,9 Mb
Release : 2012-12-06
Category : Law
ISBN : 9781134033959
In this book a group of leading authorities in the field address the key issues surrounding the future of sentencing in Britain, in the light particularly of the highly influential Halliday Report. These proposals for reform amount to the single most ambitious and comprehensive set of proposals for reconstituting the sentencing system of a common-law country, and include proposals to replace existing sentencing statutes, the establishment of a sentencing commission and sentencing guidelines, and the creation of a sentence review function in the judiciary. As well as addressing the major issues of the Halliday Report the chapters in this book go beyond this to explore the broader set of policy problems and implications which are raised, drawing upon experiences of reform in other jurisdictions and contexts, particularly that of the USA. This book will be essential reading for anybody with an interest in the future of sentencing or the future direction of the criminal justice system as a whole.
Author : Canadian Sentencing Commission
Publisher : The Commission
Page : 640 pages
File Size : 43,9 Mb
Release : 1987
Category : Law
ISBN : UOM:39015005584548
Report of the Commission's examination into sentencing process in Canada details problems with the process and the need for fundamental changes in its orientation and operation. Considers a broad range of concerns including an historical overview, public perception of sentencing equity, disparity of sentences, sentencing guidelines and implementation of reform.
Author : Austin Lovegrove
Publisher : Cambridge University Press
Page : 296 pages
File Size : 52,7 Mb
Release : 1997-05
Category : Law
ISBN : 9780521584272
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 : Andrew Ashworth,Julian V. Roberts
Publisher : OUP Oxford
Page : 320 pages
File Size : 46,6 Mb
Release : 2013-07-18
Category : Law
ISBN : 9780191507502
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.
Author : Julian V. Roberts,David P. Cole
Publisher : University of Toronto Press
Page : 396 pages
File Size : 43,7 Mb
Release : 1999-01-01
Category : Law
ISBN : 0802076440
On 3 September 1996, Bill C-41 was proclaimed in force, initiating one significant step in the reform of sentencing and parole in Canada. This is the first book that, in addition to providing an overview of the law, effectively presents a sociological analysis of the legal reforms and their ramifications in this controversial area. The commissioned essays in this collection cover such crucial issues as options and alternatives in sentencing, patterns revealed by recent statistics, sentencing of minority groups, Bill C-41 and its effects, conditional sentencing, and the structure and relationship between parole and sentencing are clearly presented. An introduction, editorial comments beginning each chapter, and a concluding chapter draw the essays together resulting in a timely, comprehensive and extremely readable work on this critical topic. Broad in scope and perspective, this major new socio-legal study of the law of sentencing will be illuminating to students, members of the legal profession, and the general reader.
Author : Ralph Henham
Publisher : Oxford University Press
Page : 321 pages
File Size : 53,9 Mb
Release : 2018-02-09
Category : Law
ISBN : 9780191029035
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 : United States. Congress. House. Committee on the Judiciary. Subcommittee on Criminal Justice
Publisher : Unknown
Page : 1004 pages
File Size : 55,8 Mb
Release : 1988
Category : Sentences (Criminal procedure)
ISBN : STANFORD:36105119563042
Author : Kai Ambos
Publisher : Göttingen University Press
Page : 386 pages
File Size : 42,6 Mb
Release : 2020
Category : Electronic
ISBN : 9783863954611
In September 2018 the criminal law section of the 72nd Deutscher Juristentag (DJT, “German Assembly of Jurists”) debated the question “Sentencing Guidelines vs. Free Judicial Discretion – Is German Sentencing Law in Need of Reform?” Despite the expert opinion provided by Johannes Kaspar and the accompanying scholarly commentaries, ensuing proposals for fundamental reform met with rejection. The comparative perspective was limited to the US Federal sentencing guidelines. The intention of this volume is therefore, on the one hand, to draw a more nuanced picture of Anglo-American sentencing law focusing on three legal systems (England/Wales, USA and Canada) accompanied by commentaries from a German perspective; on the other hand, we want to make the German perspective (better) known within the Anglo-American legal world by reproducing important DJT documents in English language. To ensure the widest possible distribution we opted for a bilingual open access publication.
Author : United States Sentencing Commission
Publisher : Unknown
Page : 390 pages
File Size : 55,5 Mb
Release : 1991
Category : Criminal procedure
ISBN : STANFORD:36105044571409
Author : Nora Demleitner,Douglas Berman,Marc L. Miller,Ronald F. Wright
Publisher : Aspen Publishing
Page : 591 pages
File Size : 43,5 Mb
Release : 2018-02-01
Category : Law
ISBN : 9781454897699
One of the foremost books in Sentencing Law, the new fourth edition continues in the tradition of its predecessors by giving students a comprehensive overview of modern sentencing practices. Authored by leading scholars, this casebook provides thorough examination of underlying doctrine, motivates students to tackle the important policy and political issues that animate sentencing practices, and poses challenging questions and hypotheticals to stimulate class discussion and independent thought. Key Features: More streamlined focus. Material covered in the third edition has been updated and streamlined reducing the length by more than 400 pages. Chapters 7-11 in the previous edition have been expanded and updated and are now available online. Thoroughly updated to address important statutory and case law changes, including important U.S. Supreme Court, U.S. Court of Appeals, state appellate court decisions and recent scholarship. Coverage of modern policy issues, including mass incarceration, prosecutorial and judicial discretion, punishment for drug crimes, revised federal and state sentencing guidelines, racial and other disparities in sentencing, and topics associated with administration of the death penalty. Expanded Teachers Manual with sample syllabi and other supporting materials to help professors construct personalized teaching plans that integrate the text and online materials.
Author : Katja Franko Aas
Publisher : Routledge
Page : 218 pages
File Size : 48,6 Mb
Release : 2005-02-25
Category : Law
ISBN : 9781135309763
How does the fact that we live in information societies reflect on the nature of penal discourse and practice? Applying media and communication studies to sentencing and penal culture, Kate Franko Aas offers a lucid and innovative account of how punishment is adjusting to a new cultural climate marked by growing demands for information processing, transparency and accountability. This significant book explores a number of recent penal developments, such as risk assessment instruments, sentencing guidelines and computerized sentencing information systems, and argues that they are instruments of justice with so-called Macintosh traits, offering pre-programmed answers and solutions. Franko Aas touches upon issues of decision-making at-a-distance, the exercise of discretion, databases, disembodiment and the changing nature of subjectivity. She explores information technology as a cultural environment with profound implications for the nature of penal knowledge, governance and identity constitution. Sentencing in the Age of Information is essential reading for scholars and students interested in sentencing, penal culture, criminology, sociology of law and media and communication studies. Joint winner of the 2006 Hart/Socio-Legal Studies Association Book Prize.
Author : Peter Henry Rossi,Richard Alan Berk
Publisher : Transaction Publishers
Page : 262 pages
File Size : 51,9 Mb
Release : 2024-07-03
Category : Law
ISBN : 0202367010
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.