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Author: Frederick Howard Wines
Publisher:
ISBN:
Category : Indeterminate sentences
Languages : en
Pages : 48
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Book Description
Author: Frederick Howard Wines
Publisher:
ISBN:
Category : Indeterminate sentences
Languages : en
Pages : 48
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Book Description
Author: Andrew Von Hirsch
Publisher:
ISBN: 9780191709692
Category : Proportionality in law
Languages : en
Pages : 238
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Book Description
This book is about the principle of proportionality - the principle that a sentence should be proportionate to the seriousness of the offence committed. It examines the detailed arguments for the theory and for applying it to a range of situations including young offenders, dangerous offenders and socially deprived offenders.
Author: Margaret E. Leigey
Publisher: Rutgers University Press
ISBN: 0813569494
Category : Law
Languages : en
Pages : 243
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Book Description
Today there are approximately fifty thousand prisoners in American prisons serving life without parole, having been found guilty of crimes ranging from murder and rape to burglary, carjacking, and drug offences. In The Forgotten Men, criminologist Margaret E. Leigey provides an insightful account of a group of aging inmates imprisoned for at least twenty years, with virtually no chance of release. These men make up one of the most marginalized segments of the contemporary U.S. prison population. Considered too dangerous for rehabilitation, ignored by prison administrators, and overlooked by courts disinclined to review such sentences, these prisoners grow increasingly cut off from family and the outside world. Drawing on in-depth interviews with twenty-five such prisoners, Leigey gives voice to these extremely marginalized inmates and offers a look at how they struggle to cope. She reveals, for instance, that the men believe that permanent incarceration is as inhumane as capital punishment, calling life without parole “the hard death penalty.” Indeed, after serving two decades in prison, some wished that they had received the death penalty instead. Leigey also recounts the ways in which the prisoners attempt to construct meaningful lives inside the bleak environment where they will almost certainly live out their lives. Every state in the union (except Alaska) has the life-without-parole sentencing option, despite its controversial nature and its staggering cost to the taxpayer. The Forgotten Men provides a much-needed analysis of the policies behind life-without-parole sentencing, arguing that such sentences are overused and lead to serious financial and ethical dilemmas.
Author: United States Sentencing Commission
Publisher:
ISBN:
Category : Sentences (Criminal procedure)
Languages : en
Pages : 68
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Book Description
Author: United States Sentencing Commission
Publisher:
ISBN: 9781688991422
Category :
Languages : en
Pages : 56
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Book Description
This paper provides an overview of the federal sentencing system. For historicalcontext, it first briefly discusses the evolution of federal sentencing during the past fourdecades, including the landmark passage of the Sentencing Reform Act of 1984 (SRA),1 inwhich Congress established a new federal sentencing system based primarily on sentencingguidelines, as well as key Supreme Court decisions concerning the guidelines. It thendescribes the nature of federal sentences today and the process by which such sentencesare imposed. The final parts of this paper address appellate review of sentences; therevocation of offenders' terms of probation and supervised release; the process whereby theUnited States Sentencing Commission (the Commission) amends the guidelines; and theCommission's collection and analysis of sentencing data.
Author: Jesper Ryberg
Publisher: Oxford University Press
ISBN: 0190607602
Category : Law
Languages : en
Pages : 289
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Book Description
Sentencing Multiple Crimes confronts the practical and theoretical challenges for the criminal justice system when punishing multiple crime offenders, including the proportionality of the crimes committed, the temporal span between the crimes, and the relationship between theories about the punitive treatment of recidivists and multiple offenders. It provides a comprehensive examination of the dynamics involved with sentencing multiple offenders from the perspective of several legal theories.
Author: National Criminal Justice Reference Service (U.S.)
Publisher:
ISBN:
Category : Criminal justice, Administration of
Languages : en
Pages : 398
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Book Description
Author: Christopher Seeds
Publisher: Univ of California Press
ISBN: 0520379985
Category : Law
Languages : en
Pages : 287
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Book Description
"In recent decades, life imprisonment without the possibility of parole (LWOP) has developed into a distinctive penal form in the United States, one firmly entrenched in US policy-making, judicial and prosecutorial decision-making, correctional practice, and public discourse. LWOP is now a routine part of contemporary US criminal justice, even engrained in the nation's cultural imaginary, but how it came to be so remains in question. Fifty years ago, imprisoning a person until death was an extraordinary sentence; today, it accounts for an increasing percentage of all US prisoners. What explains the shifts in penal practice and the social imagination by which we have become accustomed to imprisoning individuals until death without any reevaluation or reasonable expectation of release? Combining a wide historical lens with detailed state- and institutional-level research, Death by Prison offers a provocative new foundation for questioning this deeply problematic practice that has escaped close scrutiny for too long. The rise of life without parole, this book demonstrates, is not simply a matter of growth: it is a phenomenon of change, inclusive of changes in definitions, practices, and meanings. Death by Prison shows that the complex processes by which life without parole became imprisonment until death and perpetual confinement became a routine part of American punishment must be understood not only in terms of punitive attitudes and political efforts but as a matter of background conditions and transformations in penal institutions. The book also reveals how the social and sociological relevance of life without parole extends beyond its punitive element: imbued in the history of life without parole are a variety of forms of disregard--for human dignity, for social consequences, and for the myriad responsibilities that go along with state punishment"--
Author: Richard L. Lippke
Publisher:
ISBN: 0199641463
Category : Law
Languages : en
Pages : 272
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Book Description
The practice of plea bargaining plays a hugely significant role in the adjudication of criminal charges and has provoked intense debate about its legitimacy. This book offers the first full-length philosophical analysis of the ethics of plea bargaining. It develops a sustained argument for restrained forms of the practice and against the free-wheeling versions that predominate in the United States. In countries that have endorsed plea bargains, such as the United States, upwards of ninety percent of criminal defendants plead guilty rather than go to trial. Yet trials, which grant a presumption of innocence to defendants and place a substantial burden of proof on the state to establish guilt, are widely regarded as the most appropriate mechanisms for fairly and accurately assigning criminal sanctions. How is it that many countries have abandoned the formal rules and rigorous standards of public trials in favor of informal and veiled negotiations between state officials and criminal defendants concerning the punishment to which the latter will be subjected? More importantly, how persuasive are the myriad justifications that have been provided for plea bargaining? These are the questions addressed in this book. Examining the legal processes by which individuals are moved through the criminal justice system, the fairness of those processes, and the ways in which they reproduce social inequality, this book offers an ethical argument for restrained forms of plea bargaining. It also provides a comparison between the different plea bargaining regimes that exist within the US, where it is well-established, England and Wales, where the practice is coming under considerable critique, and the European Union, where debate continues on whether it coheres with inquisitorial legal regimes. It suggests that rewards for admitting guilt are distinguished from penalties for exercising the right to trial, and argues for modest, fixed sentence reductions for defendants who admit their guilt. These suggestions for reform include discouraging the current practice of deliberate over-charging by prosecutors and charge bargaining, and require judges to scrutinize more closely the evidence against those accused of crimes before any guilty pleas are entered by them. Arguing that the negotiation of charges and sentences should remain the exception, not the rule, it nevertheless puts forward a normative defense for the reform and retention of the plea bargaining system.
Author:
Publisher:
ISBN:
Category : Arts, American
Languages : en
Pages : 338
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Book Description
