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Author: Ralph Henham
Publisher: Oxford University Press
ISBN: 0191029041
Category : Law
Languages : en
Pages : 365
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Book Description
Sentencing Policy and Social Justice argues that the promotion of social justice should become a key objective of sentencing policy, advancing the argument that the legitimacy of sentencing ultimately depends upon the strength of the relationship between social morality and penal ideology. It sheds light on how shared moral values can influence sentencing policy at a time when relationships of community appear increasingly fragmented, arguing that sentencing will be better placed to make a positive contribution to social justice if it becomes more sensitive to the commonly-accepted moral boundaries that underpin adherence to the 'rule of law'. The need to reflect public opinion in sentencing has received significant attention more recently, with renewed interest in jury sentencing, 'stakeholder sentencing', and the involvement of community views when regulating policy. The author, however, advocates a different approach, combining a new theoretical focus with practical suggestions for reform, and arguing that the contribution sentencing can make to social justice necessitates a fundamental change in the way shared values about the advantages of punishment are reflected in penal ideology and sentencing policy. Using examples from international, comparative and domestic contexts to advance the moral and ethical case for challenging the existing theories of sentencing, the book develops the author's previous theoretical ideas and outlines how these changes could be given practical shape within the context of sentencing in England and Wales. It assesses the consequences for penal governance due to increased state regulation of discretionary sentencing power and examines the prospects for achieving the kind of moral transformation regarded as necessary to reverse such a move. To illustrate these issues each chapter focuses on a particularly problematic area for contemporary sentencing policy; namely, the sentencing of women; the sentencing of irregular migrants; sentencing for offences of serious public disorder; and sentencing for financial crime.
Author: Ralph Henham
Publisher: Oxford University Press
ISBN: 0191029041
Category : Law
Languages : en
Pages : 365
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Book Description
Sentencing Policy and Social Justice argues that the promotion of social justice should become a key objective of sentencing policy, advancing the argument that the legitimacy of sentencing ultimately depends upon the strength of the relationship between social morality and penal ideology. It sheds light on how shared moral values can influence sentencing policy at a time when relationships of community appear increasingly fragmented, arguing that sentencing will be better placed to make a positive contribution to social justice if it becomes more sensitive to the commonly-accepted moral boundaries that underpin adherence to the 'rule of law'. The need to reflect public opinion in sentencing has received significant attention more recently, with renewed interest in jury sentencing, 'stakeholder sentencing', and the involvement of community views when regulating policy. The author, however, advocates a different approach, combining a new theoretical focus with practical suggestions for reform, and arguing that the contribution sentencing can make to social justice necessitates a fundamental change in the way shared values about the advantages of punishment are reflected in penal ideology and sentencing policy. Using examples from international, comparative and domestic contexts to advance the moral and ethical case for challenging the existing theories of sentencing, the book develops the author's previous theoretical ideas and outlines how these changes could be given practical shape within the context of sentencing in England and Wales. It assesses the consequences for penal governance due to increased state regulation of discretionary sentencing power and examines the prospects for achieving the kind of moral transformation regarded as necessary to reverse such a move. To illustrate these issues each chapter focuses on a particularly problematic area for contemporary sentencing policy; namely, the sentencing of women; the sentencing of irregular migrants; sentencing for offences of serious public disorder; and sentencing for financial crime.
Author: Cyrus Tata
Publisher: Springer Nature
ISBN: 3030010600
Category : Social Science
Languages : en
Pages : 187
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Book Description
This book asks how we should make sense of sentencing when, despite huge efforts world-wide to analyse, critique and reform it, it remains an enigma.Sentencing: A Social Process reveals how both research and policy-thinking about sentencing are confined by a paradigm that presumes autonomous individualism, projecting an artificial image of sentencing practices and policy potential. By conceiving of sentencing instead as a social process, the book advances new policy and research agendas. Sentencing: A Social Process proposes innovative solutions to classic conundrums, including: rules versus discretion; aggravating versus mitigating factors; individualisation versus consistency; punishment versus rehabilitation; efficient technologies versus the quality of justice; and ways of reducing imprisonment.
Author: Arie Freiberg
Publisher: Routledge
ISBN: 131782184X
Category : Social Science
Languages : en
Pages : 257
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Book Description
Public outcries and political platforms based on misinformation and misconceptions about the criminal justice system and current sentencing practice occur all too often in democratic societies. Penal Populism, Sentencing Councils and Sentencing Policy attempts to address this problem by bringing together important contributions from a number of distinguished experts in the field. Penal Populism presents theoretical perspectives on the role of the public in the development of sentencing policy. It places particular emphasis on the emerging role of sentencing commissions, advisory councils or panels in a number of English speaking countries: Australia, New Zealand, the United States, the United Kingdom, Scotland and South Africa. The book explains, expands and develops the existing literature that looks at public attitudes to justice and the role that the 'public' can play in influencing policy. Written in a scholarly yet accessible style, Penal Populism asks the critical questions: should 'public opinion', or preferably, 'public judgment' be relevant to court decision-making, to institutional decision-making and to the political process? And if so, how?
Author: Richard S. Frase
Publisher: Oxford University Press, USA
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: 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.
Author: Bruce Western
Publisher: Russell Sage Foundation
ISBN: 1610448715
Category : Social Science
Languages : en
Pages : 327
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Book Description
In the era of mass incarceration, over 600,000 people are released from federal or state prison each year, with many returning to chaotic living environments rife with violence. In these circumstances, how do former prisoners navigate reentering society? In Homeward, sociologist Bruce Western examines the tumultuous first year after release from prison. Drawing from in-depth interviews with over one hundred individuals, he describes the lives of the formerly incarcerated and demonstrates how poverty, racial inequality, and failures of social support trap many in a cycle of vulnerability despite their efforts to rejoin society. Western and his research team conducted comprehensive interviews with men and women released from the Massachusetts state prison system who returned to neighborhoods around Boston. Western finds that for most, leaving prison is associated with acute material hardship. In the first year after prison, most respondents could not afford their own housing and relied on family support and government programs, with half living in deep poverty. Many struggled with chronic pain, mental illnesses, or addiction—the most important predictor of recidivism. Most respondents were also unemployed. Some older white men found union jobs in the construction industry through their social networks, but many others, particularly those who were black or Latino, were unable to obtain full-time work due to few social connections to good jobs, discrimination, and lack of credentials. Violence was common in their lives, and often preceded their incarceration. In contrast to the stereotype of tough criminals preying upon helpless citizens, Western shows that many former prisoners were themselves subject to lifetimes of violence and abuse and encountered more violence after leaving prison, blurring the line between victims and perpetrators. Western concludes that boosting the social integration of former prisoners is key to both ameliorating deep disadvantage and strengthening public safety. He advocates policies that increase assistance to those in their first year after prison, including guaranteed housing and health care, drug treatment, and transitional employment. By foregrounding the stories of people struggling against the odds to exit the criminal justice system, Homeward shows how overhauling the process of prisoner reentry and rethinking the foundations of justice policy could address the harms of mass incarceration.
Author: Dee Cook
Publisher: Pine Forge Press
ISBN: 1446225585
Category : Social Science
Languages : en
Pages : 221
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Book Description
·· See Sample Chapters & Resources to download the Introduction to Criminal and Social Justice ·· `Dee Cook′s new book is important, innovative and invigorating. It brings together two spheres - criminal justice and social justice - which are usually, but as she persuades us, unjustifiably kept separate intellectually and in policy and practice. Dee Cook makes a powerful case for the inter-connectedness of penal policy and social policy, bringing together concepts from the two spheres such as social exclusion, citizenship, and human rights. Her innovative approach brings insightful theoretical analysis together with two extended case studies - differential treatment of tax fraud and benefit fraud, and the "third way" politics of New Labour. This book will make it much more difficult for students, policy-makers and criminal justice practitioners to ignore the social context in which penal policy evolves and is implemented′ - Professor Barbara Hudson, University of Central Lancashire `This is an accessible and lively critical account of the inter-relationship between social and criminal justice in New Labour Britain. It should engage students on a range of programmes, particularly social policy, criminology and sociology′ - Ruth Lister, Professor of Social Policy, Loughborough University `A cogent demonstration that criminal justice cannot be achieved in the absence of social justice. There is a blistering but thoroughly informed critique of New Labour′s failure to narrow this "justice gap". Let′s hope the carefully reasoned but impassioned arguments about how to get really tough on the causes of crime and injustice get the attention they deserve′ - Robert Reiner, Professor of Criminology, London School of Economics and Political Science Criminal and Social Justice provides an important insight into the relationship between social inequality, crime and criminalisation. In this accessible and innovative account, Dee Cook examines the nature of the relationship between criminal and social justice - both in theory and in practice. Current social, economic, political and cultural considerations are brought to bear, and contemporary examples are used throughout to help the student to consider this relationship. The book is essential reading for students and researchers in criminology, social policy, social work and sociology. It is also relevant to practitioners in statutory, voluntary and community sector organisations.
Author: Michael Tonry
Publisher: University of Chicago Press Journals
ISBN: 9780226644912
Category : Law
Languages : en
Pages : 0
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Book Description
American Sentencing provides an up-to-date and comprehensive overview of efforts in the state and the federal systems to make sentencing fairer, reduce overuse of imprisonment, and help offenders live law-abiding lives. It addresses a variety of topics and themes related to sentencing and reform, including racial disparities, violence prediction, plea negotiation, case processing, federal and state guidelines, California’s historic “realignment,” and more. This volume covers what students, scholars, practitioners, and policy makers need to know about how sentencing really works, what a half century’s “reforms” have and have not accomplished, how sentencing processes can be made fairer, and how sentencing outcomes can be made more just. Its writers are among America’s leading scholarly specialists—often the leading specialist—in their fields. Clearly and accessibly written, American Sentencing is ideal for teaching use in seminars and courses on sentencing, courts, and criminal justice. Its authors’ diverse perspectives shed light on these issues, making it likely the single, most authoritative source of information on the state of sentencing in America today.
Author: William R. Kelly
Publisher: Columbia University Press
ISBN: 0231539223
Category : Social Science
Languages : en
Pages : 418
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Book Description
Over the past forty years, the criminal justice system in the United States has engaged in a very expensive policy failure, attempting to punish its way to public safety, with dismal results. So-called "tough on crime" policies have not only failed to effectively reduce crime, recidivism, and victimization but also created an incredibly inefficient system that routinely fails the public, taxpayers, crime victims, criminal offenders, their families, and their communities. Strategies that focus on behavior change are much more productive and cost effective for reducing crime than punishment, and in this book, William R. Kelly discusses the policy, process, and funding innovations and priorities that the United States needs to effectively reduce crime, recidivism, victimization, and cost. He recommends proactive, evidence-based interventions to address criminogenic behavior; collaborative decision making from a variety of professions and disciplines; and a focus on innovative alternatives to incarceration, such as problem-solving courts and probation. Students, professionals, and policy makers alike will find in this comprehensive text a bracing discussion of how our criminal justice system became broken and the best strategies by which to fix it.
Author: Margaret Malloch
Publisher: Routledge
ISBN: 1136193707
Category : Social Science
Languages : en
Pages : 234
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Book Description
The prison has often been the focus for concerns about human rights violations, and campaigns aimed at achieving social justice, for those with an interest in the criminalisation of women. To reduce the number of women imprisoned, a range of policy initiatives have been developed to increase the use of community-based responses to women in conflict with the law. These initiatives have tended to operate alongside reforms to the prison estate and are often defined as ‘community punishment’, ‘community sanctions’ and ‘alternatives to imprisonment’. This book challenges the contention that improved regimes and provisions within the criminal justice system are capable of addressing human rights concerns and the needs of the criminalised woman. This book aims to provide a critical analysis of approaches and experiences of penal sanctions, human rights and social justice as enacted in different jurisdictions within and beyond the UK. Drawing on international knowledge and expertise, the contributors to this book challenge the efficacy of gender-responsive interventions by examining issues affecting women in the criminal justice system such as mental health, age, and ethnicity. Crucially, the book will engage with the paradox of implementing rights within a largely punishment-orientated system. This book will be of interest to those taking undergraduate and post-graduate courses that examine punishment, gender and justice, and which lend themselves to an international / comparative aspect such as criminal justice/criminology, (international) criminal justice courses; sociology as well as professional training for practitioners (criminal justice, social work, health) who work with women in the criminal justice system.
