Sentencing Policy And Social Justice

Author : Ralph Henham
Publisher : Oxford University Press
Page : 321 pages
File Size : 44,5 Mb
Release : 2018-02-09
Category : Law
ISBN : 9780191029035

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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 : Ralph J. Henham
Publisher : Unknown
Page : 308 pages
File Size : 42,5 Mb
Release : 2018
Category : LAW
ISBN : 019178981X

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Sentencing Policy and Social Justice by Ralph J. 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 : Barbara Hudson
Publisher : Palgrave
Page : 240 pages
File Size : 48,9 Mb
Release : 1993
Category : Political Science
ISBN : UOM:39015028920430

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Penal Policy and Social Justice by Barbara Hudson Pdf

Examines the recent developments in penal policy, and asks whether they will make for more "justice". Drawing on international evidence the author asks whether making the punishment fit the crime can lessen the excessive penalization of the poor, the mentally disordered and racial minorities.

Author : Margaret Malloch,Gill McIvor
Publisher : Routledge
Page : 234 pages
File Size : 43,7 Mb
Release : 2013-02-15
Category : Social Science
ISBN : 9781136193705

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Women, Punishment and Social Justice by Margaret Malloch,Gill McIvor Pdf

The prison has often been the focus for concerns about human rights violations, and campaigns aimed at achieving social justice, for those with an interest in the criminalisation of women. To reduce the number of women imprisoned, a range of policy initiatives have been developed to increase the use of community-based responses to women in conflict with the law. These initiatives have tended to operate alongside reforms to the prison estate and are often defined as ‘community punishment’, ‘community sanctions’ and ‘alternatives to imprisonment’. This book challenges the contention that improved regimes and provisions within the criminal justice system are capable of addressing human rights concerns and the needs of the criminalised woman. This book aims to provide a critical analysis of approaches and experiences of penal sanctions, human rights and social justice as enacted in different jurisdictions within and beyond the UK. Drawing on international knowledge and expertise, the contributors to this book challenge the efficacy of gender-responsive interventions by examining issues affecting women in the criminal justice system such as mental health, age, and ethnicity. Crucially, the book will engage with the paradox of implementing rights within a largely punishment-orientated system. This book will be of interest to those taking undergraduate and post-graduate courses that examine punishment, gender and justice, and which lend themselves to an international / comparative aspect such as criminal justice/criminology, (international) criminal justice courses; sociology as well as professional training for practitioners (criminal justice, social work, health) who work with women in the criminal justice system.

Author : Allan Manson,Patrick Healy,Gary T. Trotter
Publisher : Unknown
Page : 840 pages
File Size : 43,9 Mb
Release : 2000
Category : Law
ISBN : STANFORD:36105060804031

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Sentencing and Penal Policy in Canada by Allan Manson,Patrick Healy,Gary T. Trotter Pdf

Author : Cyrus Tata
Publisher : Springer Nature
Page : 187 pages
File Size : 45,9 Mb
Release : 2019-12-28
Category : Social Science
ISBN : 9783030010607

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Sentencing: A Social Process by Cyrus Tata Pdf

This book asks how we should make sense of sentencing when, despite huge efforts world-wide to analyse, critique and reform it, it remains an enigma.Sentencing: A Social Process reveals how both research and policy-thinking about sentencing are confined by a paradigm that presumes autonomous individualism, projecting an artificial image of sentencing practices and policy potential. By conceiving of sentencing instead as a social process, the book advances new policy and research agendas. Sentencing: A Social Process proposes innovative solutions to classic conundrums, including: rules versus discretion; aggravating versus mitigating factors; individualisation versus consistency; punishment versus rehabilitation; efficient technologies versus the quality of justice; and ways of reducing imprisonment.

Author : Peter Raynor,Maurice Vanstone
Publisher : Open University Press
Page : 0 pages
File Size : 45,6 Mb
Release : 2002
Category : Community-based corrections
ISBN : 0335206255

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Understanding Community Penalties by Peter Raynor,Maurice Vanstone Pdf

"should be required reading for any practitioner who hasn't yet acquainted themselves with the essential points of probation research. The analysis of OASys and its history is particularly timely." VISTA What are community sentences for? How has the theory and practice of community supervision developed? What kind of impact has research evidence had on policy and practice? Can community sentencing help offenders and protect the public at the same time? Understanding Community Penalties provides a concise and critical understanding of community sentences in relation to policy, practice and research. Coverage of these three contexts is a distinguishing feature of the book, which takes a comprehensive approach informed by the authors' long involvement in this field. It begins by examining the role and function of community sentences, and how they challenge the framework of thinking about punishment in the criminal justice system. The book then traces the historical development of the theory and practice of community supervision, and shows what impact the first wave of research into its effectiveness has had on policy and practice. In the context of the penal crisis in recent years and the construction of crime as a political issue, a critical assessment is made by the authors of the achievements of, and problems facing, community sentencing, and they address the questions facing sentencers, politicians, policy makers and practitioners. In particular, they consider whether current organizational structures and divisions are appropriate for the purposes of punishing and helping in the community those who offend. In all, this authoritative text will be essential reading for students of criminology and criminal justice, and an invaluable reference for researchers and practitioners in the criminal justice system.

Author : Barbara Hudson
Publisher : McGraw-Hill Education (UK)
Page : 232 pages
File Size : 46,6 Mb
Release : 2003-03-16
Category : Social Science
ISBN : 9780335225811

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Understanding Justice by Barbara Hudson Pdf

* Why should offenders be punished - what should punishments be designed to achieve? * Why has imprisonment become the normal punishment for crime in modern industrial societies? * What is the relationship between theories of punishment and the actual penalties inflicted on offenders? This revised and updated edition of a highly successful text provides a comprehensive account of the ideas and controversies that have arisen within law, philosophy, sociology and criminology about the punishment of criminals. Written in a clear, accessible style, it summarises major philosophical ideas - retribution, rehabilitation, incapacitation - and discusses their strengths and weaknesses. This new edition has been updated throughout including, for example, a new section on recent cultural studies of punishment and on the phenomenon of mass imprisonment that has emerged in the United States. This second edition includes a new chapter on restorative justice, which has developed considerably in theory and in practice since the publication of the first edition. The sociological perspectives of Durkheim, the Marxists, Foucault and their contemporary followers are analysed and assessed. A section on the criminological perspective on punishment looks at the influence of theory on penal policy, and at the impact of penal ideologies on those on whom punishment is inflicted. The contributions of feminist theorists, and the challenges they pose to masculinist accounts of punishment, are included. The concluding chapter presents critiques of the very idea of punishment, and looks at contemporary proposals which could make society's response to crime less dependent on punishment than at present. Understanding Justice has been designed for students from a range of disciplines and is suitable for a variety of crime-related courses in sociology, social policy, law and social work. It will also be useful to professionals in criminal justice agencies and to all those interested in understanding the issues behind public and political debates on punishment.

Author : Arie Freiberg,Karen Gelb
Publisher : Routledge
Page : 257 pages
File Size : 44,8 Mb
Release : 2014-03-05
Category : Social Science
ISBN : 9781317821847

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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 : Cyrus Tata,Neil Hutton
Publisher : Routledge
Page : 591 pages
File Size : 53,6 Mb
Release : 2017-03-02
Category : Law
ISBN : 9781351901093

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Sentencing and Society by Cyrus Tata,Neil Hutton Pdf

Combining the latest work of leading sentencing and punishment scholars from twelve different countries, this major new international volume answers key questions in the study of sentencing and society. It presents not only a rigorous examination of the latest legal and empirical research from around the world, but also reveals the workings of sentencing within society and as a social practice. Traditionally, work in the field of sentencing has been dominated by legal and philosophical approaches. Distinctively, this volume provides a more sociological approach to sentencing: so allowing previously unanswered questions to be addressed and new questions to be opened. This extensive collection is drawn from around one third of the papers presented at the First International Conference on Sentencing and Society. Almost without exception, the chapters have been revised, cross-referenced and updated. The overall themes and findings of the international volume are set out by the opening "Introduction" and the closing "Reflections" chapters. Research findings on particular penal policy questions are balanced with an analysis of fundamental conceptual issues, making this international volume essential reading for: sentencing and punishment scholars, criminal justice policy-makers, and graduate students.

Author : Andrew Ashworth
Publisher : Cambridge University Press
Page : 452 pages
File Size : 40,9 Mb
Release : 2005-11-03
Category : Law
ISBN : 1139447270

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Sentencing and Criminal Justice by Andrew Ashworth Pdf

Providing unrivalled coverage of one of the most high-profile stages in the criminal justice process, this book examines the key issues in sentencing policy and practice. It provides an up-to-date account of the legislation on sentencing together with the ever-increasing amount of Court of Appeal case law. The law in relation to elements of the wider criminal justice system is examined, including the prison and probation services. The aim of the book is to examine English sentencing law in its context, drawing not only upon legislation and the decisions of the courts but also upon the findings of research and on theoretical justifications for punishment. This new edition has been extensively revised to integrate the new laws introduced by the Criminal Justice Act 2003, which has brought sweeping reforms into English sentencing.

Author : Oxford University Press
Publisher : Oxford University Press, USA
Page : 20 pages
File Size : 43,8 Mb
Release : 2010-05-01
Category : Social Science
ISBN : 9780199803590

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Sentencing Policy: Oxford Bibliographies Online Research Guide by Oxford University Press Pdf

This ebook is a selective guide designed to help scholars and students of criminology find reliable sources of information by directing them to the best available scholarly materials in whatever form or format they appear from books, chapters, and journal articles to online archives, electronic data sets, and blogs. Written by a leading international authority on the subject, the ebook provides bibliographic information supported by direct recommendations about which sources to consult and editorial commentary to make it clear how the cited sources are interrelated related. A reader will discover, for instance, the most reliable introductions and overviews to the topic, and the most important publications on various areas of scholarly interest within this topic. In criminology, as in other disciplines, researchers at all levels are drowning in potentially useful scholarly information, and this guide has been created as a tool for cutting through that material to find the exact source you need. This ebook is a static version of an article from Oxford Bibliographies Online: Criminology, a dynamic, continuously updated, online resource designed to provide authoritative guidance through scholarship and other materials relevant to the study and practice of criminology. Oxford Bibliographies Online covers most subject disciplines within the social science and humanities, for more information visit www.aboutobo.com.

Author : Michael Tonry
Publisher : University of Chicago Press
Page : 512 pages
File Size : 50,5 Mb
Release : 2017-02-22
Category : Social Science
ISBN : 9780226440941

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Crime and Justice, Volume 45 by Michael Tonry Pdf

Sentencing Policies and Practices in Western Countries: Comparative and Cross-national Perspectives is the forty-fifth addition to the Crime and Justice series. Contributors include Thomas Weigend on criminal sentencing in Germany since 2000; Julian V. Roberts and Andrew Ashworth on the evolution of sentencing policy and practice in England and Wales from 2003 to 2015; Jacqueline Hodgson and Laurène Soubise on understanding the sentencing process in France; Anthony N. Doob and Cheryl Marie Webster on Canadian sentencing policy in the twenty-first century; Arie Freiberg on Australian sentencing policies and practices; Krzysztof Krajewski on sentencing in Poland; Alessandro Corda on Italian policies; Michael Tonry on American sentencing; and Tapio Lappi-Seppälä on penal policy and sentencing in the Nordic countries.

Author : Ralph Henham
Publisher : Oxford University Press
Page : 245 pages
File Size : 51,5 Mb
Release : 2018-02-22
Category : Law
ISBN : 9780191029042

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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 : Antony Duff
Publisher : St. Martin's Press
Page : 336 pages
File Size : 53,8 Mb
Release : 1994
Category : Social Science
ISBN : STANFORD:36105060953473

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Penal Theory and Practice by Antony Duff Pdf

This book offers a transatlantic, interdisciplinary perspective on the crisis in penal policy facing the governments of both Britain and the United States. Some of the issues addressed include: sentencing guidelines; the organization of prisons and their function; the use of non-custodial sentences and informal justice; and women and the criminal justice system. The contributors include criminologists, sociologists, lawyers and philosophers, judges, civil servants involved with penal policy, and those with practical experience in prisons and in other aspects of penal practice and reform.