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Author: Andreas von Hirsch
Publisher: Bloomsbury Publishing
ISBN: 1509902678
Category : Law
Languages : en
Pages : 206
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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.
Author: Andreas von Hirsch
Publisher: Bloomsbury Publishing
ISBN: 1509902678
Category : Law
Languages : en
Pages : 206
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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.
Author: Andrew Von Hirsch
Publisher: Hart Publishing
ISBN: 9781509902699
Category : Proportionality in law
Languages : en
Pages : 166
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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. This volume will be of interest to all those working in penal theory and practice, criminal sentencing and the criminal law more generally."--Résumé de l'éditeur.
Author: Richard S. Frase
Publisher: Oxford University Press
ISBN: 0199757860
Category : Law
Languages : en
Pages : 297
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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.
Author: Cesare Beccaria
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584776382
Category : Criminal justice, Administration of
Languages : en
Pages : 274
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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.
Author: Norval Morris
Publisher: Oxford University Press on Demand
ISBN: 0195071387
Category : Political Science
Languages : en
Pages : 294
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Book Description
Across the country prisons are jammed to capacity and, in extreme cases, barges and mobile homes are used to stem the overflow. Probation officers in some cities have caseloads of 200 and more--hardly a manageable number of offenders to track and supervise. And with about one million people in prison and jail, and two and a half million on probation, it is clear we are experiencing a crisis in our penal system. In Between Prison and Probation, Norval Morris and Michael Tonry, two of the nation's leading criminologists, offer an important and timely strategy for alleviating these problems. They argue that our overwhelmed corrections system cannot cope with the flow of convicted offenders because the two extremes of punishment--imprisonment and probation--are both used excessively, with a near-vacuum of useful punishments in between. Morris and Tonry propose instead a comprehensive program that relies on a range of punishment including fines and other financial sanctions, community service, house arrest, intensive probation, closely supervised treatment programs for drugs, alcohol and mental illness, and electronic monitoring of movement. Used in rational combinations, these "intermediate" punishments would better serve the community than our present polarized choice. Serious consideration of these punishments has been hindered by the widespread perception that they are therapeutic rather than punitive. The reality, however, Morris and Tonry argue, "is that the American criminal justice system is both too severe and too lenient--almost randomly." Systematically implemented and rigorously enforced, intermediate punishments can "better and more economically serve the community, the victim, and the criminal than the prison terms and probation orders they supplant." Between Prison and Probation goes beyond mere advocacy of an increasing use of intermediate punishments; the book also addresses the difficult task of fitting these punishments into a comprehensive, fair and community-protective sentencing system.
Author: Erin I. Kelly
Publisher: Harvard University Press
ISBN: 0674989414
Category : Philosophy
Languages : en
Pages : 216
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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.
Author: Shelly Kagan
Publisher: Oxford University Press
ISBN: 0190233729
Category : Philosophy
Languages : en
Pages : 675
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Book Description
People differ in terms of how morally deserving they are. And it is a good thing if people get what they deserve. Accordingly, it is important to work out an adequate theory of moral desert. But while certain aspects of such a theory have been frequently discussed in the philosophical literature, many others have been surprisingly neglected. For example, if it is indeed true that it is morally good for people to get what they deserve, does it always do the same amount of good when someone gets what they deserve? Or does it matter how deserving the person is? If we cannot give someone exactly what they deserve, is it better to give too much-or better to give too little? Does being twice as virtuous make you twice as deserving? And how are we to take into account the thought that what you deserve depends in part on how others are doing? The Geometry of Desert explores a number of these less familiar questions, using graphs to illustrate the various possible answers. The result is a more careful investigation into the nature of moral desert than has ever previously been offered, one that reveals desert to have a hidden complexity that most of us have failed to recognize.
Author: Michael H. Tonry
Publisher:
ISBN:
Category : Indeterminate sentences
Languages : en
Pages : 12
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Book Description
Author: Ernest Van den Haag
Publisher: Springer Science & Business Media
ISBN: 1489927875
Category : Social Science
Languages : en
Pages : 314
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Book Description
From 1965 until 1980, there was a virtual moratorium on executions for capital offenses in the United States. This was due primarily to protracted legal proceedings challenging the death penalty on constitutional grounds. After much Sturm und Drang, the Supreme Court of the United States, by a divided vote, finally decided that "the death penalty does not invariably violate the Cruel and Unusual Punishment Clause of the Eighth Amendment." The Court's decisions, however, do not moot the controversy about the death penalty or render this excellent book irrelevant. The ball is now in the court of the Legislature and the Executive. Leg islatures, federal and state, can impose or abolish the death penalty, within the guidelines prescribed by the Supreme Court. A Chief Executive can commute a death sentence. And even the Supreme Court can change its mind, as it has done on many occasions and did, with respect to various aspects of the death penalty itself, durlog the moratorium period. Also, the people can change their minds. Some time ago, a majority, according to reliable polls, favored abolition. Today, a substantial majority favors imposition of the death penalty. The pendulum can swing again, as it has done in the past.
Author: Steven James
Publisher: HarperChristian + ORM
ISBN: 0785225269
Category : Fiction
Languages : en
Pages : 385
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Book Description
Thirty years in the future, when AI is so advanced that humans live side by side with cognizant humanoid robots called Artificials, Kestrel Hathaway must come to terms not just with what machines?know,?but with what they?believe. Soon after experiencing a personal tragedy, Kestrel witnesses a terrorist attack on a nearby artificial factory and is drawn into a world of conspiracies and lies that she and Jordan, her Artificial, have to untangle. With a second, more brutal attack looming on the horizon, their best chance of stopping it is teaming up with federal counterterrorism agent Nick Vernon. But the clock is ticking—and all the while, Jordan is asking questions Artificials were never meant to ask. Deftly weaving suspense and intrigue into a rich, resonant tale that explores faith and what it really means to be human, Steven James offers us a glimpse into the future—and into our own hearts. Synapse?is an unforgettable, gripping story of dreams shattered, truth revealed, and hope reborn. Praise for?Synapse: “Perfectly timed and thought-provoking,?Synapse?is a smart, intense thriller that keeps the suspense?building until the final page. Steven James once again delivers a perfect amalgam of character and?plot, totally immersing the reader in an irresistible narrative.” —Simon Gervais, international bestselling author of?Hunt Them Down “Next-level suspense that keeps the pages turning, combined with next-level writing on par?with the great literary masters . . .?Synapse?is not merely a thriller you should read—as 5G?approaches and advances in AI snowball, it is the thriller you can’t afford?not to.” —James R. Hannibal, award-winning author of?The Gryphon Heist
