Censure and Sanctions

Censure and Sanctions PDF Author: Andrew Von Hirsch
Publisher: Oxford University Press, USA
ISBN:
Category : Law
Languages : en
Pages : 152

Get Book Here

Book Description
The 1991 Criminal Justice Act, requires that sentences be 'proportionate' to the severity of the crime. This book discusses how sentences may be scaled proportionately to the gravity of the crime. Topics dealt with include how the idea of a penal censure justifies proportionate sentences and how political pressures impinge on sentencing policies.

Censure and Sanctions

Censure and Sanctions PDF Author: Andrew Von Hirsch
Publisher: Oxford University Press, USA
ISBN:
Category : Law
Languages : en
Pages : 152

Get Book Here

Book Description
The 1991 Criminal Justice Act, requires that sentences be 'proportionate' to the severity of the crime. This book discusses how sentences may be scaled proportionately to the gravity of the crime. Topics dealt with include how the idea of a penal censure justifies proportionate sentences and how political pressures impinge on sentencing policies.

Penal Censure

Penal Censure PDF Author: Antje du Bois-Pedain
Publisher: Bloomsbury Publishing
ISBN: 1509919805
Category : Law
Languages : en
Pages : 288

Get Book Here

Book Description
This exploration of penal censure is inspired by the 40th anniversary of the publication of Andreas von Hirsch's Doing Justice, which opened up a fresh set of issues in theorisation about punishment that eventually led von Hirsch to ground his proposed model of desert-based sentencing on the notion of penal censure. Von Hirsch's work thus provides an obvious starting-point for an exploration of the importance of censure for the justification of punishment, both within his theory of just deserts and from the perspectives of other theoretical approaches. It also provides an opportunity for engaging with censure more broadly from philosophical, sociological–anthropological and individual–psychological perspectives. The essays in this collection map the conceptual territory of censure from these different perspectives, address issues for desert theory that arise from fuller understandings of censure, and consider afresh the role of censure within the jurisprudence of punishment. They show that analyses of censure from different vantage points can significantly enrich punishment theory, not least by providing a conceptual basis for perceiving common ground between and thus connecting different strands of penal theory.

Censure Without Sanction

Censure Without Sanction PDF Author: Mandy Richards
Publisher: Waterside PressWinchester
ISBN: 9781872870557
Category : Law
Languages : en
Pages : 172

Get Book Here

Book Description
A book that makes out a radical argument against the use of punishments in favour of radically different and alternative approaches to the problems of law and order.

Deserved Criminal Sentences

Deserved Criminal Sentences PDF Author: Andreas von Hirsch
Publisher: Bloomsbury Publishing
ISBN: 1509902678
Category : Law
Languages : en
Pages : 206

Get Book Here

Book Description
This book provides an accessible and systematic restatement of the desert model for criminal sentencing by one of its leading academic exponents. The desert model emphasises the degree of seriousness of the offender's crime in deciding the severity of his punishment, and has become increasingly influential in recent penal practice and scholarly debate. It explains why sentences should be based principally on crime-seriousness, and addresses, among other topics, how a desert-based penalty scheme can be constructed; how to gauge punishments' seriousness and penalties' severity; what weight should be given to an offender's previous convictions; how non-custodial sentences should be scaled; and what leeway there might be for taking other factors into account, such as an offender's need for treatment. The volume will be of interest to all those working in penal theory and practice, criminal sentencing and the criminal law more generally.

Censure, Consensus and Sanctions

Censure, Consensus and Sanctions PDF Author: Audie Jeanne Klotz
Publisher:
ISBN:
Category : Anti-apartheid movement
Languages : en
Pages : 876

Get Book Here

Book Description


Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

Get Book Here

Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Of One-eyed and Toothless Miscreants

Of One-eyed and Toothless Miscreants PDF Author: Michael Tonry
Publisher: Oxford University Press
ISBN: 0190070609
Category : Law
Languages : en
Pages : 272

Get Book Here

Book Description
Can punishments ever meaningfully be proportioned in severity to the seriousness of the crimes for which they are imposed? A great deal of attention has been paid to the general justification of punishment, but the thorny practical questions have received significantly less. Serious analysis has seldom delved into what makes crimes more or less serious, what makes punishments more or less severe, and how links are to be made between them. In Of One-eyed and Toothless Miscreants, Michael Tonry has gathered together a distinguished cast of contributors to offer among the first sustained efforts to specify with precision how proportionality can be understood in relation to the implementation of punishment. Each chapter examines scholarly and lay thinking about punishment of people convicted of crimes with particular emphasis on "making the punishment fit the crime." The contributors challenge the most prevalent current theories and emphasize the need for a shift away from the politicized emotionalism of recent decades. They argue that theories that coincided with mass incarceration and rampant injustice to countless individuals are evolving in ways that better countenance moving toward more humane and thoughtful approaches. Written by many of the leading thinkers on punishment, this volume dissects previously undeveloped issues related to considerations of deserved punishment and provides new ways to understand both the severities of punishment and the seriousness of crime.

Just Sentencing

Just Sentencing PDF Author: Richard S. Frase
Publisher: Oxford University Press, USA
ISBN: 0199757860
Category : Law
Languages : en
Pages : 297

Get Book Here

Book Description
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.

Fundamentals of Sentencing Theory

Fundamentals of Sentencing Theory PDF Author: Andrew Ashworth
Publisher: Oxford Monographs on Criminal
ISBN: 0198262566
Category : Law
Languages : en
Pages : 314

Get Book Here

Book Description
The Oxford Monographs on Criminal Law and Justice series covers all aspects of criminal law and procedure including criminal evidence. The scope of the series is wide, encompassing both practical and theoretical works. This volume is a thematic collection of essays on sentencing theory by leading writers. The essays consider several issues affecting the discipline including the underlying justifications for the imposition of punishment by the State, areas of sentencing policy that have given rise to particular difficulty, such as the sentencing of drug offenders, the rationale for discounting sentences for multiple offenders, the existence of special sentencing for young offenders, and cases where the injury done to the victim is of a different magnitude from what might have been expected, and includes various questions about the unequal impact on offenders of different sentencing measures. This volume is dedicated to Professor Andrew von Hirsch, whose continuing work on sentencing theory provided the stimulus for the collection.

Promoting Human Rights in Burma

Promoting Human Rights in Burma PDF Author: Morten B. Pedersen
Publisher: Rowman & Littlefield
ISBN: 9780742555594
Category : Law
Languages : en
Pages : 320

Get Book Here

Book Description
Since 1988, when Burma's military rulers crushed a popular uprising, Western governments have promoted democracy as a panacea for the country's manifold development problems, from ethnic conflict to weak governance, human rights abuses, and deep-rooted, structural poverty. Years of escalating censure and sanctions, however, have left the military firmly entrenched in power, the opposition marginalized, and the general population suffering from deepening poverty. In the first book-length study of Western human rights policy in Burma, Morten B. Pedersen argues that Western democracy rhetoric has not supplied the solution to these problems. Each year, Burma's human and natural resources are further eroding, the HIV/AIDS epidemic is mounting, and the prospect of turning the situation around is becoming less and less likely. Based on extensive field research, Promoting Human Rights in Burma proposes an alternative model of "critical engagement" that emphasizes more pragmatic efforts to help bring a deeply divided society together and promote socioeconomic development as the basis for longer-term political change. Although the focus is squarely on Burma, the fallacies in Western policy thinking that this case study reveals, as well as the alternative policy framework it offers, have wider relevance for other poor, conflict-ridden countries on the periphery of the global political and economic system.