The Guide to Sentencing in South Africa PDF Download
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Author: S. S. Terblanche
Publisher: Butterworth-Heinemann
ISBN:
Category : Law
Languages : en
Pages : 688
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Book Description
Author: S. S. Terblanche
Publisher: Butterworth-Heinemann
ISBN:
Category : Law
Languages : en
Pages : 688
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Book Description
Author: S. S. Terblanche
Publisher:
ISBN: 9780409019049
Category : Sentences (Criminal procedure)
Languages : en
Pages : 534
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Book Description
Author: Stephanus Salomon Terblanche
Publisher:
ISBN: 9780409122503
Category : Sentences (Criminal procedure)
Languages : en
Pages : 534
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Book Description
Author: G. Feltoe
Publisher:
ISBN:
Category : Sentences (Criminal procedure)
Languages : en
Pages : 246
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Book Description
Author: James Morton
Publisher: Elsevier Science Limited
ISBN: 9780080401171
Category : Sentences (Criminal procedure)
Languages : en
Pages : 102
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Book Description
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: Arie Freiberg
Publisher: Routledge
ISBN: 1317821831
Category : Social Science
Languages : en
Pages : 333
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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: James Midgley
Publisher:
ISBN:
Category : Crime
Languages : en
Pages : 280
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Book Description
Author: South African Law Commission
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 132
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Book Description
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.
