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Author: Julian V. Roberts
Publisher: Cambridge University Press
ISBN: 113950004X
Category : Law
Languages : en
Pages : 305
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Book Description
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.
Author: Julian V. Roberts
Publisher: Cambridge University Press
ISBN: 113950004X
Category : Law
Languages : en
Pages : 305
Get Book Here
Book Description
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.
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: Judicial Commission of New South Wales
Publisher:
ISBN: 9780731356133
Category : Sentences (Criminal procedure)
Languages : en
Pages :
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Book Description
This book contains commentary on three key sentencing statutes, and on sentencing law for nine offence categories.
Author: Frank R. Baumgartner
Publisher: Oxford University Press
ISBN: 0190841540
Category : Law
Languages : en
Pages : 417
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Book Description
Forty years and 1,400 executions after the U.S. Supreme Court ruled the death penalty constitutional, eminent political scientist Frank Baumgartner and a team of younger scholars have collaborated to assess the empirical record and provide a definitive account of how the death penalty has been implemented. A Statistical Portrait of the Death Penalty shows that all the flaws that caused the Supreme Court to invalidate the death penalty in 1972 remain and indeed that new problems have arisen. Far from "perfecting the mechanism" of death, the modern system has failed.
Author: James M. Markham
Publisher: Unc School of Government
ISBN: 9781560119357
Category : Criminal law
Languages : en
Pages : 0
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Book Description
This book is a step-by-step guide to the sentencing of felonies, misdemeanors, and impaired driving in North Carolina. It includes the felony and misdemeanor sentencing grids that apply under Structured Sentencing and a table showing the different sentencing levels for DWI. The book also includes materials on diversion programs (deferred prosecution and conditional discharge), probation supervision, fines and fees, and sex offender registration.
Author: Luca Malatesti
Publisher: Oxford University Press
ISBN: 0199551634
Category : Law
Languages : en
Pages : 341
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Book Description
The discussion of whether psychopaths are morally responsible for their behaviour has long taken place in philosophy. In recent years this has moved into scientific and psychiatric investigation. Responsibility and Psychopathy discusses this subject from both the philosophical and scientific disciplines, as well as a legal perspective.
Author: Timothy Lawson-Cruttenden
Publisher: Blackstone Press
ISBN:
Category : Law
Languages : en
Pages : 116
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Book Description
Covers many types of public order and personal dispute situations such as industrial strikes, neighbourhood disputes, investigative reporters and bullying at work. Includes a copy of the Act.
Author: Nils Christie
Publisher: Wipf and Stock Publishers
ISBN: 1556355971
Category : Social Science
Languages : en
Pages : 123
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Book Description
Inflicting pain is a serious matter, often at variance with cherished values such as kindness and forgiveness. Attempts might therefore be made to hide the basic character of the activity, or to give various scientific reasons for inflicting pain. Such attempts are systematically described in this book, and related to social conditions. None of these attempts to cope with pain seem to be quite satisfactory. It is as if societies in their struggle with penal theories oscillate between attempts to solve an insoluble dilemma. Punishment is used less in some systems than in others. On the basis of examples from systems where pain is rarely inflicted, some general conditions for a low level of pain infliction are formulated. The standpoint is that if pain is to be applied, this should be done without a manipulative purpose and in a social form resembling that which is normal when people are in deep sorrow. Most of the material is from Scandinavia, but the book draws extensively on the crime control debate in the United Kingdom and USA.
Author: Julian V Roberts
Publisher: Bloomsbury Publishing
ISBN: 1782256067
Category : Law
Languages : en
Pages : 335
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Book Description
This latest volume in the Penal Theory and Penal Ethics series addresses one of the oldestquestions in the field of criminal sentencing: should an offender's previous convictions affect the sentence? Although there is an extensive literature on the definition and use of criminal history information, the emphasis here is on the theoretical and normative aspects of considering previous convictions at sentencing. Several authors explore the theory underlying the practice of mitigating the punishments for first offenders, while others put forth arguments for enhancing sentences for recidivists.
Author: Andrew Ashworth
Publisher: Cambridge University Press
ISBN: 1139486748
Category : Law
Languages : en
Pages : 503
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Book Description
Andrew Ashworth expertly examines the key issues in English sentencing policy and practice including the mechanisms for producing sentencing guidelines. He considers the most high-profile stages in the criminal justice process such as the Court of Appeal's approach to the custody threshold, the framework for the sentencing of young offenders and the abiding problems of previous convictions in sentencing. Taking into account the Criminal Justice and Immigration Act 2008 and the Coroners and Justice Act 2009, the book's inter-disciplinary approach places the legislation and guidelines on sentencing in the context of criminological research, statistical trends and theories of punishment. By examining the law in relation to elements of the wider criminal justice system, including the prison and probation services, students gain a rounded perspective on the relevant principles and problems of sentencing and criminal justice.
