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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: Arie Freiberg
Publisher: Routledge
ISBN: 1317821831
Category : Social Science
Languages : en
Pages : 333
Get Book Here
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: John Pratt
Publisher: Routledge
ISBN: 1134173296
Category : History
Languages : en
Pages : 223
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Book Description
Following the USA, in many Western countries over the last decade, prison rates have increased while crime rates have declined. This key book examines the role played by penal populism on this and other trends in contemporary penal policy.
Author: Arie Freiberg
Publisher: Hawkins Press
ISBN: 9781876067229
Category :
Languages : en
Pages : 248
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Book Description
With particular emphasis on the emerging role of sentencing commissions, advisory councils or panels in a number of English speaking countries, this book brings together the theoretical perspectives on the role of the public in the development of sentencing policy.Freiberg and Gelb expand and develop the existing literature that looks at public attitudes to justice and the role that the "public" can play in influencing policy. It asks the critical questions: even if "public opinion", or preferably, "public judgment" can be ascertained in relation to a particular sentencing issue, should it be relevant to court decision-making, to institutional decision-making and to the political process? And if so, how?For the first time, descriptions and analyses of new and proposed sentencing advisory bodies in Australia, New Zealand, the United States, the United Kingdom, Scotland and South Africa are outlined and provided. Further, it adds to the knowledge in the field of public opinion by presenting practical examples of ways in which the public has a role in sentencing - illustrating the implementation of recommendations that have been made in existing research over the past few years. These recommendations have focussed on ways to improve public knowledge about the criminal justice system in order to counter political platforms and public outcries that are based on misinformation and misconceptions about the criminal justice system and in particular, about the nature of current sentencing practice.The book is structured in two parts. Part 1 deals with general matters relating to public opinion: our knowledge of what it is or purports to be, and how that influences or shapes sentencing policy. Part 2 deals with the development, and nature of, sentencing councils and their roles vis a vis the public, government and courts.
Author: Jesper Ryberg
Publisher: Oxford University Press
ISBN: 0199941386
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: Andrew Ashworth
Publisher: OUP Oxford
ISBN: 0191507504
Category : Law
Languages : en
Pages : 307
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Book Description
The politics of criminal sentencing has recently crystallised around the issue of whether and how a system of structured sentencing should inform judicial approaches to punishing criminals. Increasingly, structured sentencing guidelines are being introduce to frame judicial discretion. This volume is the first to examine the experience in England and Wales in the light of international developments. This collection of essays begins with a clear and concise history of the guidelines as well as a description of how they function. Topics addressed include the effect of guidelines on judicial practice, the role of public opinion in developing sentencing guidelines, the role of the crime victim in sentencing guidelines, and the use of guidelines by practicing barristers. In addition, the international dimension offers a comparative perspective: the English guidelines are explored by leading academics from the United States and New Zealand. Although there is a vast literature on sentencing guidelines across the United States, the English guidelines have attracted almost no attention from scholars. As other jurisdictions look to introduce more structure to sentencing, the English scheme offers a real alternative to current US schemes. Contributors include practicing lawyers, legal and socio-legal academics, and also scholars from several other countries including New Zealand and the United States, providing a multidisciplinary and cross-jurisdictional approach to sentencing. This book will be of interest to academics from law, sociology and criminology, legal practitioners, and indeed anyone else with an interest in sentencing, around the world.
Author: Patricia Easteal
Publisher: Cambridge Scholars Publishing
ISBN: 1443869406
Category : Law
Languages : en
Pages : 325
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Book Description
Former High Court judge of Australia, the Hon Michael Kirby, AC, CMG, in addressing the symposium that has evolved into this book, stressed the need for vigilance in the pursuit and protection of justice. Justice Connections is evidence of such vigilance. The book is a veritable smorgasbord of subjects – violence against women, Indigenous people, sentencing, genetic profiling, cultural exceptionalism, arbitral proceedings and environmental law. However, certain themes are constant. The notion of respect for the individual and their personal characteristics underpins the analyses in the book. Accordingly, a number of contributors examine the need to recognise and protect the potentially vulnerable in society. There is recognition too of the significance of the public interest and public participation in just policy and decision-making. Whilst the principle of the rule of law is a constant in civilised society another message of the book is that its form is very much an evolving beast. Furthermore, the book illustrates that justice is not synonymous with law, but more, as Professor Margaret Thornton concludes, ‘a performative idea that is played out differently in different sites by different actors’.
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: Natalia Antolak-Saper
Publisher: Taylor & Francis
ISBN: 1000647781
Category : Law
Languages : en
Pages : 190
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Book Description
This book provides a socio-legal examination of the media’s influence on the development and implementation of criminal justice policy. This impact is often assumed. And, especially in the wake of high-profile crimes, the press is routinely observed calling for sentences to be harsher, and for governments to be tougher on crime. But how do we know that there is a connection? To answer this question, the book draws on a case study of the media reporting of the rape and murder of Jill Meagher in Melbourne, Australia; as well as other well-known cases, including those of James Bulger, Sarah Payne, Stephen Lawrence and Michael Brown, among others. Deploying a socio-legal framework to examine how the media’s often powerful and emotive narratives play a crucial role in the development and implementation of law, the book provides a deep and critical reflection on its influence. The book concludes with a number of suggestions for media reform: both to moderate the media’s influence, and to incorporate a broader range of viewpoints. This multi-disciplinary book will appeal to scholars and students in sociolegal studies, criminology and criminal law as well as those working in relevant areas in sociology and media studies.
Author: Ralph Henham
Publisher: Routledge
ISBN: 1136657436
Category : Social Science
Languages : en
Pages : 425
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Book Description
This book discusses the under-researched relationship between sentencing and the legitimacy of punishment. It argues that there is an increasing gap between what is perceived as legitimate punishment and the sentencing decisions of the criminal courts. Drawing on a wide variety of empirical research evidence, the book explores how sentencing could be developed within a more socially-inclusive framework for the delivery of trial justice. In the international context, such developments are directly relevant to the future role of the International Criminal Court, especially its ability to deliver more coherent and inclusive trial outcomes that contribute to social reconstruction. Similarly, in the national context, these issues have a vital role to play in helping to re-position trial justice as a credible cornerstone of criminal justice governance where social diversity persists. In so doing the book should help policy-makers in appreciating the likely implications for criminal trials of ‘mainstreaming’ restorative forms of justice. Sentencing and the Legitimacy of Trial Justice firmly ties the issue of legitimacy to the relevant context for delivering ‘justice’. It suggests a need to develop the tools and methods for achieving this and offers some novel solutions to this complex problem. This book will be a valuable resource for graduate students, academics, practitioners and policy makers in the field of criminal justice as well as scholars interested in socio-legal and cross-disciplinary approaches to the analysis of criminal process and sentencing and the development of theory and comparative methodology in this area.
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.
