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Author: John Hogarth
Publisher: University of Toronto Press
ISBN: 1487590164
Category : Law
Languages : en
Pages : 416
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Book Description
Sentencing is not a neutral or mechanical act; it is a human process, highly charged affectively and motivationally. Sentencing decisions take place in a social environment of laws, facts, ideas, and people. This study of sentencing behaviour is primarily concerned with the mental processes involved in decision-making. It is based on intensive interviews and on measures of the information-processing ability of seventy-one full-time judges in Ontario. The work covers such topics as: problems of sentencing (particularly existing disparities); social and economic background of judges and their varying penal philosophies; the nature and measurement of judicial attitudes toward crime; punishment and related issues; prediction of sentencing behaviour based on attitude scales (which the author has constructed) and also on 'fact patterns perceived by judges'; and the impact of social and legal constraints on the sentencing process. The study concludes that there exists a very high correlation between a judges definition of situation and the sentence which he imposes and that while sentences meted out for a particular law violation under similar circumstances may differ among judges, judges are 'highly consistent within themselves.' Using these conclusions the author constructs a model of judicial behaviour and shows how this model can be used to predict and to explain sentencing and breaks new ground in the use of the social and behavioural sciences as sources of data to explain the sentencing process.
Author: John Hogarth
Publisher: University of Toronto Press
ISBN: 1487590164
Category : Law
Languages : en
Pages : 416
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Book Description
Sentencing is not a neutral or mechanical act; it is a human process, highly charged affectively and motivationally. Sentencing decisions take place in a social environment of laws, facts, ideas, and people. This study of sentencing behaviour is primarily concerned with the mental processes involved in decision-making. It is based on intensive interviews and on measures of the information-processing ability of seventy-one full-time judges in Ontario. The work covers such topics as: problems of sentencing (particularly existing disparities); social and economic background of judges and their varying penal philosophies; the nature and measurement of judicial attitudes toward crime; punishment and related issues; prediction of sentencing behaviour based on attitude scales (which the author has constructed) and also on 'fact patterns perceived by judges'; and the impact of social and legal constraints on the sentencing process. The study concludes that there exists a very high correlation between a judges definition of situation and the sentence which he imposes and that while sentences meted out for a particular law violation under similar circumstances may differ among judges, judges are 'highly consistent within themselves.' Using these conclusions the author constructs a model of judicial behaviour and shows how this model can be used to predict and to explain sentencing and breaks new ground in the use of the social and behavioural sciences as sources of data to explain the sentencing process.
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: Frederic Block
Publisher:
ISBN: 9781641053815
Category : Judges
Languages : en
Pages : 210
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Book Description
Crimes and Punishments: Entering the Mind of a Sentencing Judge provides a cross-section of different crimes for which Judge Frederic Block sentenced a convicted criminal.
Author: United States Sentencing Commission
Publisher:
ISBN:
Category : Sentences (Criminal procedure)
Languages : en
Pages : 456
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Book Description
Author: Andreas Kapardis
Publisher:
ISBN:
Category : Judicial process
Languages : en
Pages : 312
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Book Description
Author: Michael Tonry
Publisher: University of Chicago Press
ISBN: 022644094X
Category : Social Science
Languages : en
Pages : 456
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Book Description
Sentencing Policies and Practices in Western Countries: Comparative and Cross-national Perspectives is the forty-fifth addition to the Crime and Justice series. Contributors include Thomas Weigend on criminal sentencing in Germany since 2000; Julian V. Roberts and Andrew Ashworth on the evolution of sentencing policy and practice in England and Wales from 2003 to 2015; Jacqueline Hodgson and Laurène Soubise on understanding the sentencing process in France; Anthony N. Doob and Cheryl Marie Webster on Canadian sentencing policy in the twenty-first century; Arie Freiberg on Australian sentencing policies and practices; Krzysztof Krajewski on sentencing in Poland; Alessandro Corda on Italian policies; Michael Tonry on American sentencing; and Tapio Lappi-Seppälä on penal policy and sentencing in the Nordic countries.
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: Michael H. Tonry
Publisher: Oxford University Press
ISBN: 0190204680
Category : Law
Languages : en
Pages : 315
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Book Description
Cover -- Contents -- Preface -- Acknowledgments -- 1. Sentencing Matters -- 2. Sentencing Fragments -- 3. Federal Sentencing -- 4. Sentencing Theories -- 5. Sentencing Principles -- 6. Sentencing Futures -- References -- Index.
Author: Malcolm M. Feeley
Publisher: Russell Sage Foundation
ISBN: 1610442016
Category : Social Science
Languages : en
Pages : 365
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Book Description
It is conventional wisdom that there is a grave crisis in our criminal courts: the widespread reliance on plea-bargaining and the settlement of most cases with just a few seconds before the judge endanger the rights of defendants. Not so, says Malcolm Feeley in this provocative and original book. Basing his argument on intensive study of the lower criminal court system, Feeley demonstrates that the absence of formal "due process" is preferred by all of the court's participants, and especially by defendants. Moreover, he argues, "it is not all clear that as a group defendants would be better off in a more 'formal' court system," since the real costs to those accused of misdemeanors and lesser felonies are not the fines and prison sentences meted out by the court, but the costs incurred before the case even comes before the judge—lost wages from missed work, commissions to bail bondsmen, attorney's fees, and wasted time. Therefore, the overriding interest of the accused is not to secure the formal trappings of the judicial process, but to minimize the time, and money, spent dealing with the court. Focusing on New Haven, Connecticut's, lower court, Feeley found that the defense and prosecution often agreed that the pre-trial process was sufficient to "teach the defendant a lesson." In effect, Feeley demonstrates that the informal practices of the lower courts as they are presently constituted are more "just" than they are usually given credit for being. "... a book that should be read by anyone who is interested in understanding how courts work and how the criminal sanction is administered in modern, complex societies."— Barry Mahoney, Institute for Court Management, Denver "It is grounded in a firm grasp of theory as well as thorough field research."—Jack B. Weinstein, U.S. District Court Judge." a feature that has long been the hallmark of good American sociology: it recreates a believable world of real men and women."—Paul Wiles, Law & Society Review. "This book's findings are well worth the attention of the serious criminal justice student, and the analyses reveal a thoughtful, probing, and provocative intelligence....an important contribution to the debate on the role and limits of discretion in American criminal justice. It deserves to be read by all those who are interested in the outcome of the debate." —Jerome H. Skolnick, American Bar Foundation Research Journal
Author: Rosann Greenspan
Publisher: Cambridge University Press
ISBN: 1108415687
Category : Law
Languages : en
Pages : 407
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Book Description
Malcolm Feeley's classic scholarship on courts, criminal justice, legal reform, and the legal complex, examined by law and society scholars.
