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This title presents a fully developed punishment theory which incorporates both utilitarian and retributive sentencing purposes. The author describes and defends a hybrid sentencing model that integrates theory and practice - blending and balancing both the competing principles of retribution and rehabilitation and the procedural concern of weighing rules against discretion.
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.
Author : Julian V. Roberts,David P. Cole Publisher : University of Toronto Press Page : 396 pages File Size : 44,6 Mb Release : 1999-01-01 Category : Law ISBN : 0802076440
Making Sense of Sentencing by Julian V. Roberts,David P. Cole Pdf
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.
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."
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
Crimes and Punishments: Entering the Mind of a Sentencing Judge provides a cross-section of different crimes for which Judge Frederic Block sentenced a convicted criminal.
Does an offender have the right to be punished? "The right to be punished" may sound like an oxymoron, but it is not necessarily so. With the emergence of modern criminal law, the offender gained the right to be punished by rational criminal law rather than being lynched by an angry mob. The present-day offender may have the right to be punished by doctrinal sentencing rather than being subjected to verdicts based on vague, unclear, and uncertain principles. In modern criminal law, the imposition of criminal liability follows accurate and strict rules, whereas there are no similar rules for the imposition of punishment. The process of sentencing is vague and obscure, as are the considerations used for the imposition of punishments. The objective of the present book is to propose a comprehensive, general, and legally sophisticated theory of modern doctrinal sentencing. The challenges of such a legal theory are plenty and complex. In addition to increasing clarity and certainty, modern doctrinal sentencing must deal with modern types of delinquency (e.g. organized crime, recidivism, corporate offenders, high-tech offenses, etc.) and modern principles of criminal law. Modern doctrinal sentencing must serve to ensure optimal sentencing.
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 Law and Policy by Nora V. Demleitner,Douglas A. Berman,Marc L. Miller,Ronald F. Wright Pdf
A leading text in criminal law, co-authored by leading scholars in the field, Sentencing Law and Policy draws from extensive sources to present a comprehensive overview of all aspects of criminal sentencing. Online integration with sentencing commissions, thorough treatment of current case law, and provocative notes and questions, stimulate students to consider connections between disparate institutions and examine the purposes and politics of the criminal justice system. The Third Edition has been updated to include recent developments in sentencing case law and provocative discussions of policy debates across a wide range of topics, including discretion in sentencing, race, death penalty abolition, state sentencing guidelines, second-look policies, the impact of new technologies, drug courts and much more. Features: Authors are among the leading sentencing scholars in the United States. Demleitner and Berman are editors of the leading sentencing journal, Federal Sentencing Reporter. Berman is the blog master of the leading sentencing blog, with huge readership. Intuitive organization tracks the process that occurs in every criminal sentencing. Each chapter draws on the most relevant examples from three distinct sentencing worlds: guideline-determinate, indeterminate, and capital. Wide-ranging source materials, including: U.S. Supreme Court decisions. Cases from state high courts, federal appellate courts, and foreign jurisdictions. Statutes and guidelines provisions. Reports and data from sentencing commissions and other agencies. Problems and questions in text are integrated with websites of sentencing commissions, such as the site for the U.S. Sentencing Commissions (www.ussc.gov). Challenging questions ask students to compare institutions and consider the connections between specific sentencing rules and the purposes and politics of criminal justice, emphasizing the effects of sentencing. Notes tell students directly what are the most common practices in U.S. jurisdictions. Instructorsand’ website (www.sentencingbook.net) provides the Teacherand’s Manualand—available only electronically on the siteand— with additional teaching materials to be posted as needed. Studentsand’ website (www.sentencingbook.com) features longer collections of rules and guidelines, statutes, case studies, recent articles, practice problems, sample exams, and a virtual library. Thoroughly updated, the revised Third Edition includes: New Supreme Court cases, including Gall, Kimbrough, Padilla (6th Amendment), and Kennedy (child rape sentencing limits). Policy debates over mass incarceration, the relevance of the budget crisis, and the state-level variation in deincarceration. Shifting authority among key actors in the crack penalty/crack reform debate, including the Fair Sentencing Act (FSA). Expanded core study of discretion in sentencing and attention to race in sentencing, with a close study of the North Carolina Racial Justice Act and the emergence of and“racial impact statementsand” about existing systems and proposed legislation ina number of states. Death penalty abolition. Developments in state sentencing guidelines, noting stand-still in new states, and the relevance of the ALI MPC project. Emergence of and“second lookand” policy discussions, the troubled debate over the theory, operation and impact of parole systems, and the and“supervised releaseand” that has come to replace traditional parole. Discussion of new technologies, developm
Sentencing: General Principles of Sentencing; Chapter 2: Finding an Appropriate Sentence; Chapter 3: Procedure; Chapter 4: Appeals; Chapter 5: Aggravating and Mitigating Circumstances; Chapter 6: Matters That Are Not Taken Into Consideration of Sentencing; Chapter 7: Mandatory Minimum Penalties and the Charter; Chapter 8: Criminal Record; Chapter 9: Discharge; Chapter 10: Suspended Sentence and Probation; Chapter 11: The Fine; Chapter 12: Corporate Crime; Chapter 13: Imprisonment; Chapter 14: Consecutive and Concurrent Sentences; Chapter 15: Conditional Sentencing; Chapter 16: Parole; Chapter 17: Dangerous and Long-Term Offenders; Chapter 18: Sentencing the Aboriginal Offender; Chapter 19: The Victim of Crime; Chapter 20: Orders; Chapter 21: Costs; Chapter 22: Sentencing under the Youth Criminal Justice Act; Chapter 23: Range of Sentence; Appendix: Sentencing Statistics by Clayton Ruby,Gerald J. Chan,Nader R. Hasan,Annamaria Enenajor Pdf
This book canvasses the law of sentencing in a way that no other books on criminal law and sentencing are able: it succinctly outlines all of the significant facets of sentencing principles and procedure, and provides the reader with a comprehensive range of sentencing for various offences.