Mitigation and Aggravation at Sentencing

Author: Julian V. Roberts
Publisher: Cambridge University Press
ISBN: 113950004X
Format: PDF, Docs
Download Now
This innovative volume explores a fundamental issue in the field of sentencing: the factors which make a sentence more or less severe. All sentencing systems allow courts discretion to consider mitigating and aggravating factors, and many legislatures have placed a number of such factors on a statutory footing. Yet many questions remain regarding the theory and practice of mitigation and aggravation. Drawing on legal and sociological perspectives and examining mitigation and aggravation in various jurisdictions, the essays provide practical illustrations of specific factors as well as theoretical justifications. After the foreword by Andrew von Hirsch, a number of contributors address broad conceptual issues raised at sentencing. These contributions are followed by several empirical chapters including an exploration of personal mitigation in English courts. The authors are leading scholars from a range of common law jurisdictions including England and Wales, the United States, Canada, Australia, New Zealand and South Africa.

Exploring Sentencing Practice in England and Wales

Author: J. Roberts
Publisher: Springer
ISBN: 1137390409
Format: PDF, Mobi
Download Now
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.

Criminal Sentencing as Practical Wisdom

Author: Graeme Brown
Publisher: Bloomsbury Publishing
ISBN: 1509902627
Format: PDF, Mobi
Download Now
How do judges sentence? In particular, how important is judicial discretion in sentencing? Sentencing guidelines are often said to promote consistency, but is consistency in sentencing achievable or even desirable? Whilst the passing of a sentence is arguably the most public stage of the criminal justice process, there have been few attempts to examine judicial perceptions of, and attitudes towards, the sentencing process. Through interviews with Scottish judges and by presenting a comprehensive review and analysis of recent scholarship on sentencing – including a comparative study of UK, Irish and Commonwealth sentencing jurisprudence – this book explores these issues to present a systematic theory of sentencing. Through an integration of the concept of equity as particularised justice, the Aristotelian concept of phronesis (or 'practical wisdom'), the concept of value pluralism, and the focus of appellate courts throughout the Commonwealth on sentencing by way of 'instinctive synthesis', it is argued that judicial sentencing methodology is best viewed in terms of a phronetic synthesis of the relevant facts and circumstances of the particular case. The author concludes that sentencing is best conceptualised as a form of case-orientated, concrete and intuitive decision making; one that seeks individualisation through judicial recognition of the profoundly contextualised nature of the process.

Sentencing Policy and Social Justice

Author: Ralph Henham
Publisher: Oxford University Press
ISBN: 0191029041
Format: PDF, ePub, Mobi
Download Now
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.

Sentencing and Punishment

Author: Susan Easton
Publisher: Oxford University Press
ISBN: 019874482X
Format: PDF, Kindle
Download Now
Examining the theoretical debates behind the headlines and engaging with current debates, Sentencing and Punishment provides thoughtful, impartial, and unbiased coverage of sentencing and punishment in the UK. Collectively, Susan Easton and Christine Piper are highly experienced teachers andresearchers in this field, making them perfectly placed to deliver this lively account of a highly dynamic subject area. The book takes a thorough and systematic approach to sentencing and punishment, examining key topics from legal, philosophical, and practical perspectives. Offering in-depth and detailed coverage, while remaining succinct and readable, the authors deliver a balanced approach to the subject. Chaptersummaries, discussion questions, and case studies help students to engage with the subject, apply their knowledge, and reflect upon debates. Fully reworked, restructured, and updated for this edition, and incorporating changes following the 2015 general election; this is the essential guide for anyone studying sentencing and punishment as part of a law or criminology course. The book is accompanied by an Online Resource Centre featuring:* Regular updates on case law, new legislation and key developments* Web links to further reading suggestions for each chapter of the book* Guidance on answering end of chapter questions * An online version of the textbook glossary

Criminal Sentencing in Bangladesh

Author: Muhammad Mahbubur Rahman
Publisher: BRILL
ISBN: 9004341935
Format: PDF, Docs
Download Now
Examining the sentencing policies of Bangladesh, Criminal Sentencing in Bangladesh calls for going beyond the universal, asocial and apolitical formulations as proclaimed in mainstream sentencing literature in order to decipher the sentencing realities of non-western, post-colonial jurisdictions.

Aggravation Mitigation and Mercy in English Criminal Justice

Author: Nigel Walker
Publisher: Blackstone Press
ISBN: 9781854319432
Format: PDF, ePub, Docs
Download Now
Offering a comment on the justification for sentences, this work refutes jurisprudential attacks on the propriety of mercy, and discusses the shortcomings of the Court of Appeal's approaches to consistency and other principles of sentencing. The appendices list guideline cases" and definitions of "seriousness" for the purpose of different statutes."

Anti Cartel Enforcement in a Contemporary Age

Author: Caron Beaton-Wells
Publisher: Bloomsbury Publishing
ISBN: 1782259414
Format: PDF, Docs
Download Now
Leniency policies are seen as a revolution in contemporary anti-cartel law enforcement. Unique to competition law, these policies are regarded as essential to detecting, punishing and deterring business collusion ? conduct that subverts competition at national and global levels. Featuring contributions from leading scholars, practitioners and enforcers from around the world, this book probes the almost universal adoption and zealous defence of leniency policies by many competition authorities and others. It charts the origins of and impetuses for the leniency movement, captures key insights from academic research and practical experience relating to the operation and effectiveness of leniency policies and examines leniency from the perspectives of corporate and individual applicants, advisers and authorities. The book also explores debates surrounding the intersections between leniency and other crucial elements of the enforcement system such as compensation, compliance and criminalisation. The rich critical analysis in the book draws on the disciplines of law, regulation, economics and criminology. It makes a substantial and distinctive contribution to the literature on a topic that is highly significant to a wide range of actors in the field of competition law and business regulation generally. From the Foreword by Professor Frédéric Jenny ' ? fundamental questions are raised and thoroughly discussed in this book which is undoubtedly the most comprehensive scholarly work on leniency policies produced so far ? [the] book should be required reading for all seeking to acquire a deeper insight into the issues related to leniency policy. It is a priceless contribution ... '

The death penalty

Author: Roger G. Hood
Publisher: Oxford University Press, USA
ISBN:
Format: PDF, ePub, Mobi
Download Now
This new edition of a classic study assesses the global status of capital punishment. As in previous editions, this work draws on Roger Hood's experiences as consultant to the United Nations for the Secretary General's five-yearly surveys of capital punishment as well as the latest literature from non-governmental organizations and academic experts. This edition examines significant developments around the world including the Chinese plan for the People's Supreme Court to review all death sentences, and the abolition in the USA of the death penalty for offenders who committed murder while under the age of 18. Recent legal challenges to lethal injection as a form of execution are also examined. This edition also includes an additional chapter on the role and influence of victims' families and victim interest movements. This volume shows how, despite a number of set-backs, the movement to abolish the death penalty has continued to gather pace; that international organizations and human rights treaties continue to put pressure on retentionist countries; that further developments have been made in securing protection for those facing the death penalty in retentionist counties; and that, despite such advances, in some parts of the world the range of crimes subject to the death penalty remains wide and the number of executions considerable. This work engages with the latest debates on the realities of capital punishment, with claims that the death penalty is a unique deterrent to murder and other serious crimes, and contains expanded coverage of arguments about the role of public opinion in the debate on capital punishment.