Empirical Study of the Sentencing Practices in South Africa PDF Download
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Author: South African Law Commission
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 132
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Book Description
Author: South African Law Commission
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 132
Get Book Here
Book Description
Author: South African Law Commission
Publisher:
ISBN:
Category : Sentences (Criminal procedure)
Languages : en
Pages : 111
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Book Description
Author: Ron Paschke
Publisher:
ISBN: 9780799220247
Category : Sentences (Criminal procedure)
Languages : en
Pages : 63
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Book Description
Author: Andrew Ashworth
Publisher:
ISBN: 019968457X
Category : Law
Languages : en
Pages : 307
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Book Description
How do sentencing guidelines affect judicial practice? Can public opinion influence the development of these guidelines and what role does the victim have? How do barristers use the guidelines in practice? These questions and more are addressed in this volume examining the English sentencing guidelines and how they function.
Author: Commonwealth Secretariat
Publisher: Commonwealth Secretariat
ISBN: 1849291748
Category : Law
Languages : en
Pages : 251
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Book Description
Changing the Law: A Practical Guide to Law Reform is designed to provide practical assistance to users seeking to deliver high standard law reform outcomes. Using examples and experience from around the Commonwealth and beyond, it guides users through each phase of a successful reform, from initiation to final implementation.
Author: Cyrus Tata
Publisher: Taylor & Francis
ISBN: 1351901109
Category : Law
Languages : en
Pages : 631
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Book Description
Combining the latest work of leading sentencing and punishment scholars from twelve different countries, this major new international volume answers key questions in the study of sentencing and society. It presents not only a rigorous examination of the latest legal and empirical research from around the world, but also reveals the workings of sentencing within society and as a social practice. Traditionally, work in the field of sentencing has been dominated by legal and philosophical approaches. Distinctively, this volume provides a more sociological approach to sentencing: so allowing previously unanswered questions to be addressed and new questions to be opened. This extensive collection is drawn from around one third of the papers presented at the First International Conference on Sentencing and Society. Almost without exception, the chapters have been revised, cross-referenced and updated. The overall themes and findings of the international volume are set out by the opening "Introduction" and the closing "Reflections" chapters. Research findings on particular penal policy questions are balanced with an analysis of fundamental conceptual issues, making this international volume essential reading for: sentencing and punishment scholars, criminal justice policy-makers, and graduate students.
Author:
Publisher: DIANE Publishing
ISBN: 0788137344
Category :
Languages : en
Pages : 156
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Book Description
Presents the findings of the first national assessment of sentencing reforms. This report offers lessons learned in the diverse efforts to structure sentencing over the past two decades. These lessons are offered in the context of a historical perspective of sentencing practices used in the U. S., with a discussions of the issues that led to the structured sentencing movement. They are based on a national survey of existing sentencing practices in the 50 States & the District of Columbia. Sources for further information. Bibliography. Charts & tables.
Author: Graeme Brown
Publisher: Bloomsbury Publishing
ISBN: 1509902635
Category : Law
Languages : en
Pages : 297
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Book Description
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.
Author: South African Law Commission
Publisher:
ISBN:
Category : Criminal justice, Administration of
Languages : en
Pages : 200
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Book Description
The South African sentencing system faces certain problems. There is a perception that like cases are not being treated alike; that sentencers do not give enough weight to certain serious offences; that South African restorative alternatives are not being provided for offenders being sent to prison for less serious offences; that sufficient attention is not being paid to the concerns of victims of crime; and that, largely because of overcrowding, sentenced prisoners are being released too readily. The Commission has accepted that there is substance to this criticism of the sentencing system and proposes a framework that in its view can remedy these problems to the greatest extent possible.
Author: Committee on Causes and Consequences of High Rates of Incarceration
Publisher: National Academies Press
ISBN: 9780309298018
Category : Law
Languages : en
Pages : 800
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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.
