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Sentencing Law and Practice by Geoffrey G. Hall Pdf
"Provides introduction to the principles of sentencing and their application, and a full analyses of the Sentencing Act 2002. Topics such as the purposes of sentencing, the circumstances of the offence and the offender, appeals against sentence, and bail etc. are covered"--Publisher's information.
Sentencing Law and Practice by Thomas O'Malley Pdf
This new edition of Sentencing Law and Practice provides judges and practitioners with a comprehensive and reliable analysis of Irish sentencing law, with particular emphasis on general principles, It also analyses all recent legislation and its implications for sentencing practice. Extensive use is made of comparative law for illustrative purposes. Key Features * A clear and comprehensive account of Irish sentencing law and practice * Analyses all relevant legislation and case law. * Incorporates relevant comparative material from other jurisdictions * New and extended treatment of general principles, mitigating factors and aggravating factors. * Discusses relevant case law of the European Court of Human Rights as well as new EU directives. New to this edition * A completely revised and rewritten edition of this standard work * A detailed analysis of recent guideline judgments of the Court of Criminal Appeal * Comprehensive coverage of legislation and case law on the suspended sentence, fines and community service * New chapters and sections on firearms offences, fraud offences and white-collar crime. * A strong comparative approach with extensive reference to case law from other jurisdictions * Draws on recent social science research on youth offending and related matters. Author Thomas O Malley is a Senior Lecturer in Law at NUI Galway, a practising barrister and a member of the Law Reform Commission. He has published widely in the fields of criminal law and criminal justice
Sentencing Law and Practice by Thomas O'Malley Pdf
Describes and analyzes Irish sentencing law and policy. The book covers topics such as: sentencing procedure; sentencing for particular offences; sentencing for young offenders; the criminal justice system; the constitutional dimension of sentencing; and the concept of proportionality.
Sentencing in Canada by David Cole,Julian Roberts Pdf
Sentencing in Canada contains a unique collection of essays that explore all key aspects of sentencing. The contributors include leading academics, criminal law practitioners, and members of the judiciary, and many of the authors have extensive experience working in the areas of sentencing and parole. The volume is not simply a statement of the law--instead, the chapters examine the wider context in which sentencing and parole decisions are taken. The volume also incorporates findings from the latest empirical research into sentencing policy and practice in Canada, including important issues such as sentencing Indigenous persons. As Mr Justice Moldaver notes in his preface, the volume "will be useful to criminal law practitioners and, more generally, to all persons interested in sentencing."
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.
A key text for sentencers and practitioners in local magistrates' courts of the UK produced in association with various key bodies in that field: readable and accessible, a good introduction to UK sentencing law and practice at the level of the justices of the peace.
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.
Sentencing is the most important area of law, yet ironically, it is also arguably the least coherent. This book suggests a way of introducing principle into sentencing by bridging the gap between the philosophical justification for punishment and sentencing law and practice.
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.
