Author: Andreas von Hirsch
Publisher: Bloomsbury Publishing
ISBN: 1509902678
Category : Law
Languages : en
Pages : 217
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.
Deserved Criminal Sentences
Author: Andreas von Hirsch
Publisher: Bloomsbury Publishing
ISBN: 1509902678
Category : Law
Languages : en
Pages : 217
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.
Publisher: Bloomsbury Publishing
ISBN: 1509902678
Category : Law
Languages : en
Pages : 217
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.
Just Sentencing
Author: Richard S. Frase
Publisher: Oxford University Press, USA
ISBN: 0199757860
Category : Law
Languages : en
Pages : 297
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.
Publisher: Oxford University Press, USA
ISBN: 0199757860
Category : Law
Languages : en
Pages : 297
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.
The Limits of Blame
Author: Erin I. Kelly
Publisher: Harvard University Press
ISBN: 0674980778
Category : Philosophy
Languages : en
Pages : 241
Book Description
Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.
Publisher: Harvard University Press
ISBN: 0674980778
Category : Philosophy
Languages : en
Pages : 241
Book Description
Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.
An Essay on Crimes and Punishments
Author: Cesare Beccaria
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584776382
Category : Criminal justice, Administration of
Languages : en
Pages : 274
Book Description
Reprint of the fourth edition, which contains an additional text attributed to Voltaire. Originally published anonymously in 1764, Dei Delitti e Delle Pene was the first systematic study of the principles of crime and punishment. Infused with the spirit of the Enlightenment, its advocacy of crime prevention and the abolition of torture and capital punishment marked a significant advance in criminological thought, which had changed little since the Middle Ages. It had a profound influence on the development of criminal law in Europe and the United States.
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584776382
Category : Criminal justice, Administration of
Languages : en
Pages : 274
Book Description
Reprint of the fourth edition, which contains an additional text attributed to Voltaire. Originally published anonymously in 1764, Dei Delitti e Delle Pene was the first systematic study of the principles of crime and punishment. Infused with the spirit of the Enlightenment, its advocacy of crime prevention and the abolition of torture and capital punishment marked a significant advance in criminological thought, which had changed little since the Middle Ages. It had a profound influence on the development of criminal law in Europe and the United States.
How Judges Sentence
Author: Geraldine Mackenzie
Publisher: Federation Press
ISBN: 9781862875357
Category : Law
Languages : en
Pages : 212
Book Description
How do judges sentence? This question is frequently asked but infrequently explored. What factors are taken into account? How do judges see their role? How do they apply the aims and purposes of sentencing? How are factors such as public opinion taken into account? How Judges Sentence explores these questions through interviews with Queensland judges. The judges explain how they come to their decisions when sentencing, how they view judicial discretion, and how they exercise it. The book carefully examines their comments within the legislative and theoretical contexts of sentencing. The analysis yields valuable insights into judicial methodologies, perceptions, and attitudes towards the sentencing process. How Judges Sentence provides a major contribution to debates on sentencing.
Publisher: Federation Press
ISBN: 9781862875357
Category : Law
Languages : en
Pages : 212
Book Description
How do judges sentence? This question is frequently asked but infrequently explored. What factors are taken into account? How do judges see their role? How do they apply the aims and purposes of sentencing? How are factors such as public opinion taken into account? How Judges Sentence explores these questions through interviews with Queensland judges. The judges explain how they come to their decisions when sentencing, how they view judicial discretion, and how they exercise it. The book carefully examines their comments within the legislative and theoretical contexts of sentencing. The analysis yields valuable insights into judicial methodologies, perceptions, and attitudes towards the sentencing process. How Judges Sentence provides a major contribution to debates on sentencing.
Censure and Sanctions
Author: Andrew Von Hirsch
Publisher: Oxford University Press on Demand
ISBN: 9780198262411
Category : Fiction
Languages : en
Pages : 133
Book Description
A number of jurisdictions, including England and Wales after their adoption of the 1991 Criminal Justice Act, require that sentences be `proportionate' to the severity of the crime. This book, written by the leading architect of `just deserts' sentencing theory, discusses how sentences may bescaled proportionately to the gravity of the crime. Topics dealt with include how the idea of a penal censure justifies proportionate sentences; how a penalty scale should be `anchored' to reduce overall punishment levels; how non-custodial penalties should be graded and used; and how politicalpressures impinge on sentencing policies.
Publisher: Oxford University Press on Demand
ISBN: 9780198262411
Category : Fiction
Languages : en
Pages : 133
Book Description
A number of jurisdictions, including England and Wales after their adoption of the 1991 Criminal Justice Act, require that sentences be `proportionate' to the severity of the crime. This book, written by the leading architect of `just deserts' sentencing theory, discusses how sentences may bescaled proportionately to the gravity of the crime. Topics dealt with include how the idea of a penal censure justifies proportionate sentences; how a penalty scale should be `anchored' to reduce overall punishment levels; how non-custodial penalties should be graded and used; and how politicalpressures impinge on sentencing policies.
Alternatives to Prison Sentences
Author: J. Junger-Tas
Publisher: Kugler Publications
ISBN: 9789062991112
Category : Law
Languages : en
Pages : 120
Book Description
This report surveys and summarizes the literature on the use of alternative sanctions in 12 western countries with a particular focus on its effectiveness and efficiency.
Publisher: Kugler Publications
ISBN: 9789062991112
Category : Law
Languages : en
Pages : 120
Book Description
This report surveys and summarizes the literature on the use of alternative sanctions in 12 western countries with a particular focus on its effectiveness and efficiency.
The Future of Imprisonment
Author: Michael Tonry
Publisher: Oxford University Press
ISBN: 9780198036593
Category : Social Science
Languages : en
Pages : 280
Book Description
The imprisonment rate in America has grown by a factor of five since 1972. In that time, punishment policies have toughened, compassion for prisoners has diminished, and prisons have gotten worse-a stark contrast to the origins of the prison 200 years ago as a humanitarian reform, a substitute for capital and corporal punishment and banishment. So what went wrong? How can prisons be made simultaneously more effective and more humane? Who should be sent there in the first place? What should happen to them while they are inside? When, how, and under what conditions should they be released? The Future of Imprisonment unites some of the leading prisons and penal policy scholars of our time to address these fundamental questions. Inspired by the work of Norval Morris, the contributors look back to the past twenty-five years of penal policy in an effort to look forward to the prison's twenty-first century future. Their essays examine the effects of current high levels of imprisonment on urban neighborhoods and the people who live in them. They reveal how current policies came to be as they are and explain the theories of punishment that guide imprisonment decisions. Finally, the contributors argue for the strategic importance of controls on punishment including imprisonment as a limit on government power; chart the rise and fall of efforts to improve conditions inside; analyze the theory and practice of prison release; and evaluate the tricky science of predicting and preventing recidivism. A definitive guide to imprisonment policies for the future, this volume convincingly demonstrates how we can prevent crime more effectively at lower economic and human cost.
Publisher: Oxford University Press
ISBN: 9780198036593
Category : Social Science
Languages : en
Pages : 280
Book Description
The imprisonment rate in America has grown by a factor of five since 1972. In that time, punishment policies have toughened, compassion for prisoners has diminished, and prisons have gotten worse-a stark contrast to the origins of the prison 200 years ago as a humanitarian reform, a substitute for capital and corporal punishment and banishment. So what went wrong? How can prisons be made simultaneously more effective and more humane? Who should be sent there in the first place? What should happen to them while they are inside? When, how, and under what conditions should they be released? The Future of Imprisonment unites some of the leading prisons and penal policy scholars of our time to address these fundamental questions. Inspired by the work of Norval Morris, the contributors look back to the past twenty-five years of penal policy in an effort to look forward to the prison's twenty-first century future. Their essays examine the effects of current high levels of imprisonment on urban neighborhoods and the people who live in them. They reveal how current policies came to be as they are and explain the theories of punishment that guide imprisonment decisions. Finally, the contributors argue for the strategic importance of controls on punishment including imprisonment as a limit on government power; chart the rise and fall of efforts to improve conditions inside; analyze the theory and practice of prison release; and evaluate the tricky science of predicting and preventing recidivism. A definitive guide to imprisonment policies for the future, this volume convincingly demonstrates how we can prevent crime more effectively at lower economic and human cost.
The Growth of Incarceration in the United States
Author: Committee on Causes and Consequences of High Rates of Incarceration
Publisher: National Academies Press
ISBN: 9780309298018
Category : Law
Languages : en
Pages : 800
Book Description
After decades of stability from the 1920s to the early 1970s, the rate of imprisonment in the United States has increased fivefold during the last four decades. The U.S. penal population of 2.2 million adults is by far the largest in the world. Just under one-quarter of the world's prisoners are held in American prisons. The U.S. rate of incarceration, with nearly 1 out of every 100 adults in prison or jail, is 5 to 10 times higher than the rates in Western Europe and other democracies. The U.S. prison population is largely drawn from the most disadvantaged part of the nation's population: mostly men under age 40, disproportionately minority, and poorly educated. Prisoners often carry additional deficits of drug and alcohol addictions, mental and physical illnesses, and lack of work preparation or experience. The growth of incarceration in the United States during four decades has prompted numerous critiques and a growing body of scientific knowledge about what prompted the rise and what its consequences have been for the people imprisoned, their families and communities, and for U.S. society. The Growth of Incarceration in the United States examines research and analysis of the dramatic rise of incarceration rates and its affects. This study makes the case that the United States has gone far past the point where the numbers of people in prison can be justified by social benefits and has reached a level where these high rates of incarceration themselves constitute a source of injustice and social harm. The Growth of Incarceration in the United States examines policy changes that created an increasingly punitive political climate and offers specific policy advice in sentencing policy, prison policy, and social policy. The report also identifies important research questions that must be answered to provide a firmer basis for policy. This report is a call for change in the way society views criminals, punishment, and prison. This landmark study assesses the evidence and its implications for public policy to inform an extensive and thoughtful public debate about and reconsideration of policies.
Publisher: National Academies Press
ISBN: 9780309298018
Category : Law
Languages : en
Pages : 800
Book Description
After decades of stability from the 1920s to the early 1970s, the rate of imprisonment in the United States has increased fivefold during the last four decades. The U.S. penal population of 2.2 million adults is by far the largest in the world. Just under one-quarter of the world's prisoners are held in American prisons. The U.S. rate of incarceration, with nearly 1 out of every 100 adults in prison or jail, is 5 to 10 times higher than the rates in Western Europe and other democracies. The U.S. prison population is largely drawn from the most disadvantaged part of the nation's population: mostly men under age 40, disproportionately minority, and poorly educated. Prisoners often carry additional deficits of drug and alcohol addictions, mental and physical illnesses, and lack of work preparation or experience. The growth of incarceration in the United States during four decades has prompted numerous critiques and a growing body of scientific knowledge about what prompted the rise and what its consequences have been for the people imprisoned, their families and communities, and for U.S. society. The Growth of Incarceration in the United States examines research and analysis of the dramatic rise of incarceration rates and its affects. This study makes the case that the United States has gone far past the point where the numbers of people in prison can be justified by social benefits and has reached a level where these high rates of incarceration themselves constitute a source of injustice and social harm. The Growth of Incarceration in the United States examines policy changes that created an increasingly punitive political climate and offers specific policy advice in sentencing policy, prison policy, and social policy. The report also identifies important research questions that must be answered to provide a firmer basis for policy. This report is a call for change in the way society views criminals, punishment, and prison. This landmark study assesses the evidence and its implications for public policy to inform an extensive and thoughtful public debate about and reconsideration of policies.
Punishment
Author: Thom Brooks
Publisher: Routledge
ISBN: 1315527758
Category : Law
Languages : en
Pages : 242
Book Description
Punishment is a topic of increasing importance for citizens and policymakers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many more are examined in this highly engaging and accessible guide. Punishment is a critical introduction to the philosophy of punishment, offering a new and refreshing approach that will benefit readers of all backgrounds and interests. The first comprehensive critical guide to examine all leading contemporary theories of punishments, this book explores – among others – retribution, the communicative theory of punishment, restorative justice and the unified theory of punishment. Thom Brooks applies these theories to several case studies in detail, including capital punishment, juvenile offending and domestic violence. Punishment highlights the problems and prospects of different approaches in order to argue for a more pluralistic and compelling perspective that is novel and ground-breaking. This second edition has extensive revisions and updates to all chapters, including an all-new chapter on the unified theory substantively redrafted and new chapters on cyber-crimes and social media as well as corporate crimes. Punishment is essential reading for undergraduate and graduate students in philosophy, criminal justice, criminology, justice studies, law, political science and sociology.
Publisher: Routledge
ISBN: 1315527758
Category : Law
Languages : en
Pages : 242
Book Description
Punishment is a topic of increasing importance for citizens and policymakers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many more are examined in this highly engaging and accessible guide. Punishment is a critical introduction to the philosophy of punishment, offering a new and refreshing approach that will benefit readers of all backgrounds and interests. The first comprehensive critical guide to examine all leading contemporary theories of punishments, this book explores – among others – retribution, the communicative theory of punishment, restorative justice and the unified theory of punishment. Thom Brooks applies these theories to several case studies in detail, including capital punishment, juvenile offending and domestic violence. Punishment highlights the problems and prospects of different approaches in order to argue for a more pluralistic and compelling perspective that is novel and ground-breaking. This second edition has extensive revisions and updates to all chapters, including an all-new chapter on the unified theory substantively redrafted and new chapters on cyber-crimes and social media as well as corporate crimes. Punishment is essential reading for undergraduate and graduate students in philosophy, criminal justice, criminology, justice studies, law, political science and sociology.