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Author: Andrew Ashworth
Publisher: Oxford Monographs on Criminal
ISBN: 0198262566
Category : Law
Languages : en
Pages : 314
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Book Description
The Oxford Monographs on Criminal Law and Justice series covers all aspects of criminal law and procedure including criminal evidence. The scope of the series is wide, encompassing both practical and theoretical works. This volume is a thematic collection of essays on sentencing theory by leading writers. The essays consider several issues affecting the discipline including the underlying justifications for the imposition of punishment by the State, areas of sentencing policy that have given rise to particular difficulty, such as the sentencing of drug offenders, the rationale for discounting sentences for multiple offenders, the existence of special sentencing for young offenders, and cases where the injury done to the victim is of a different magnitude from what might have been expected, and includes various questions about the unequal impact on offenders of different sentencing measures. This volume is dedicated to Professor Andrew von Hirsch, whose continuing work on sentencing theory provided the stimulus for the collection.
Author: Andrew Ashworth
Publisher: Oxford Monographs on Criminal
ISBN: 0198262566
Category : Law
Languages : en
Pages : 314
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Book Description
The Oxford Monographs on Criminal Law and Justice series covers all aspects of criminal law and procedure including criminal evidence. The scope of the series is wide, encompassing both practical and theoretical works. This volume is a thematic collection of essays on sentencing theory by leading writers. The essays consider several issues affecting the discipline including the underlying justifications for the imposition of punishment by the State, areas of sentencing policy that have given rise to particular difficulty, such as the sentencing of drug offenders, the rationale for discounting sentences for multiple offenders, the existence of special sentencing for young offenders, and cases where the injury done to the victim is of a different magnitude from what might have been expected, and includes various questions about the unequal impact on offenders of different sentencing measures. This volume is dedicated to Professor Andrew von Hirsch, whose continuing work on sentencing theory provided the stimulus for the collection.
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: Steven E. Barkan
Publisher: Jones & Bartlett Publishers
ISBN: 1449636012
Category : Social Science
Languages : en
Pages : 623
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Book Description
The criminal justice system is a key social institution pertinent to the lives of citizens everywhere. Fundamentals of Criminal Justice: A Sociological View, Second Edition provides a unique social context to explore and explain the nature, impact, and significance of the criminal justice system in everyday life. This introductory text examines important sociological issues including class, race, and gender inequality, social control, and organizational structure and function.
Author: Daniel P. Mears
Publisher: Cambridge University Press
ISBN: 1107193702
Category : Law
Languages : en
Pages : 371
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Book Description
A fundamental introduction on how to think about, do, and evaluate research in the criminology and criminal justice field.
Author: Matthew Altman
Publisher: Routledge
ISBN: 1000379345
Category : Law
Languages : en
Pages : 225
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Book Description
This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state. A central question in the philosophy of law is why the state’s punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book recognizes the strength of both positions. According to the two-tiered model, the institution of punishment and statutory penalties, as set by the legislature, are justified based on their costs and benefits, in terms of deterrence and rehabilitation. The law exists to preserve the public order. Criminal courts, by contrast, determine who is punished and how much based on what offenders deserve. The courts express the community’s collective sense of resentment at being wronged. This book supports the two-tiered model by showing that it accords with our moral intuitions, commonly held (compatibilist) theories of freedom, and assumptions about how the extent of our knowledge affects our obligations. It engages classic and contemporary work in the philosophy of law and explains the theory’s advantages over competing approaches from retributivists and other mixed theorists. The book also defends consequentialism against a longstanding objection that the social sciences give us little guidance regarding which policies to adopt. Drawing on recent criminological research, the two-tiered model can help us to address some of our most pressing social issues, including the death penalty, drug policy, and mass incarceration. This book will be of interest to philosophers, legal scholars, policymakers, and social scientists, especially criminologists, economists, and political scientists.
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: Susan Easton
Publisher: Oxford University Press
ISBN: 019874482X
Category : Law
Languages : en
Pages : 527
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Book Description
Balanced coverage, supportive learning features, and a chance to dive into all the key theories and debates: the essential guide for sentencing and punishment students. Examining the theory behind the headlines and engaging with all the current debates. Sentencing and Punishment provides thoughtful, reliable, and unbiased coverage of sentencing and punishment in the UK to make the perfect companion for your course. Thorough and systematic approach, Topics examined from legal, philosophical, and practical perspectives, In-depth and detailed coverage, covering both sentencing and punishment, to match to UK courses, Discussion questions, case studies, and sentencing exercises in each chapter so you can apply your knowledge, Fully reworked, restructured, and updated incorporating changes following the 2015 general election Book jacket.
Author: Jesper Ryberg
Publisher:
ISBN: 0199941378
Category : Law
Languages : en
Pages : 273
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Book Description
Should public opinion determine--or even influence--sentencing policy and practice? Should the punishment of criminal offenders reflect what the public regards as appropriate? These deceptively simple questions conceal complex theoretical and methodological challenges to the administration of punishment. In the West, politicians have often answered these questions in the affirmative; penal reforms have been justified with direct reference to the attitudes of the public. This is why the contention that politicians should bridge the gap between the public and criminal justice practice has widespread resonance. Criminal law scholars, for their part, have often been more reluctant to accept public input in penal practice, and some have even held that the idea of consulting public opinion constitutes a populist approach to punishment. The purpose of this book is to examine the moral significance of public opinion for penal theory and practice. For the first time in a single volume the editors, Jesper Ryberg and Julian V. Roberts, have assembled a number of respected criminologists, philosophers, and legal theorists to address the various aspects of why and how public opinion should be reflected in the way the criminal justice system deals with criminals. The chapters address the myriad complexities surrounding this issue by first weighing the justifications for incorporating public views into punishment practices and then considering the various ways this might be achieved through juries, prosecutors, restorative justice programs, and other means.
Author: A P Simester
Publisher: Bloomsbury Publishing
ISBN: 1782254560
Category : Law
Languages : en
Pages : 639
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Book Description
This book celebrates Andreas (Andrew) von Hirsch's pioneering contributions to liberal criminal theory. He is particularly noted for reinvigorating desert-based theories of punishment, for his development of principled normative constraints on the enactment of criminal laws, and for helping to bridge the gap between Anglo-American and German criminal law scholarship. Underpinning his work is a deep commitment to a liberal vision of the state. This collection brings together a distinguished group of international authors, who pay tribute to von Hirsch by engaging with topics on which he himself has focused. The essays range across sentencing theory, questions of criminalisation, and the relation between criminal law and the authority of the state. Together, they articulate and defend the ideal of a liberal criminal justice system, and present a fitting accolade to Andreas von Hirsch's scholarly life.
Author: M. Findlay
Publisher: Springer
ISBN: 0230250564
Category : Social Science
Languages : en
Pages : 313
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Book Description
International criminal justice is challenged to better reflect legitimate victim interest. This book provides a framework for achieving synthesis between restorative and retributive dimensions within international criminal trials in order to achieve the peace-making aspirations of the International Criminal Court.
