Mitigation and Aggravation at Sentencing

Author: Julian V. Roberts
Publisher: Cambridge University Press
ISBN: 113950004X
Format: PDF, ePub
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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, Docs
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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.

Sentencing Policy and Social Justice

Author: Ralph Henham
Publisher: Oxford University Press
ISBN: 0191029041
Format: PDF, ePub, Docs
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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.

Criminal Sentencing as Practical Wisdom

Author: Graeme Brown
Publisher: Bloomsbury Publishing
ISBN: 1509902627
Format: PDF, ePub
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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 and Punishment

Author: Susan Easton
Publisher: Oxford University Press
ISBN: 019874482X
Format: PDF, Kindle
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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

Sentencing and Criminal Justice

Author: Andrew Ashworth
Publisher: Cambridge University Press
ISBN: 1316352129
Format: PDF
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Now in its sixth edition, Sentencing and Criminal Justice has been extensively rewritten to reflect recent legislation, guidelines and judicial decisions. New material includes comparative sentencing research, which looks at models from other countries in comparison with the approach in England and Wales, and an additional chapter focusing on civil preventive orders and other ancillary orders. Written with clarity of expression coupled with critical analysis, this textbook offers an unrivalled combination of expertise, accessibility and coverage. This is the essential text for anyone interested in criminal justice.

Studies in Law Politics and Society

Author: Austin Sarat
Publisher: Elsevier
ISBN: 0762311797
Format: PDF
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This volume of "Studies in Law, Politics, and Society" presents a diverse array of articles by an interdisciplinary group of scholars. Their work spans the social sciences, humanities, and the law. Those scholars examine the nature of family and the intersection of family and law, the way contexts shape legal actors, and the nature of rights and resistance. The articles published here exemplify the exciting and innovative work now being done in interdisciplinary legal scholarship.

Sentencing Guidelines

Author: Andrew Ashworth
Publisher: OUP Oxford
ISBN: 0191507512
Format: PDF, ePub, Docs
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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.

Cyber Criminals on Trial

Author: Russell G. Smith
Publisher: Cambridge University Press
ISBN: 9781139454810
Format: PDF, Kindle
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As computer-related crime becomes more important globally, both scholarly and journalistic accounts tend to focus on the ways in which the crime has been committed and how it could have been prevented. Very little has been written about what follows: the capture, possible extradition, prosecution, sentencing and incarceration of the cyber criminal. Originally published in 2004, this book provides an international study of the manner in which cyber criminals are dealt with by the judicial process. It is a sequel to the groundbreaking Electronic Theft: Unlawful Acquisition in Cyberspace by Grabosky, Smith and Dempsey (Cambridge University Press, 2001). Some of the most prominent cases from around the world are presented in an attempt to discern trends in the handling of cases, and common factors and problems that emerge during the processes of prosecution, trial and sentencing.