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Author: Kate Warner
Publisher:
ISBN: 9781862873483
Category : Sentences (Criminal procedure)
Languages : en
Pages : 476
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Book Description
While Sentencing in Tasmania's focus is on Tasmania, it is relevant to all Australian jurisdictions because it contains an exposition of the common law principles in relation to sentencing, including recent High Court decisions such as Olbrich (fact finding and sentencing), Ryan (sexual offenders and good character), Dinsdale (suspended sentences), Pearce (double punishment), and Postiglione (totality and parity). The discussion of specific crimes and offences includes a section on social security fraud and provies sentencing ranges for the most common offences based on national data for sentences imposed in 2000. The book will be particularly useful in those jurisdictions that do not have a comprehensive and up-to-date treatise on the law of sentencing.
Author: Kate Warner
Publisher:
ISBN: 9781862873483
Category : Sentences (Criminal procedure)
Languages : en
Pages : 476
Get Book Here
Book Description
While Sentencing in Tasmania's focus is on Tasmania, it is relevant to all Australian jurisdictions because it contains an exposition of the common law principles in relation to sentencing, including recent High Court decisions such as Olbrich (fact finding and sentencing), Ryan (sexual offenders and good character), Dinsdale (suspended sentences), Pearce (double punishment), and Postiglione (totality and parity). The discussion of specific crimes and offences includes a section on social security fraud and provies sentencing ranges for the most common offences based on national data for sentences imposed in 2000. The book will be particularly useful in those jurisdictions that do not have a comprehensive and up-to-date treatise on the law of sentencing.
Author: Graeme Brown
Publisher: Bloomsbury Publishing
ISBN: 1509902627
Category : Law
Languages : en
Pages : 589
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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.
Author: Cyrus Tata
Publisher: Routledge
ISBN: 1351901095
Category : Law
Languages : en
Pages : 591
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Book Description
Combining the latest work of leading sentencing and punishment scholars from twelve different countries, this major new international volume answers key questions in the study of sentencing and society. It presents not only a rigorous examination of the latest legal and empirical research from around the world, but also reveals the workings of sentencing within society and as a social practice. Traditionally, work in the field of sentencing has been dominated by legal and philosophical approaches. Distinctively, this volume provides a more sociological approach to sentencing: so allowing previously unanswered questions to be addressed and new questions to be opened. This extensive collection is drawn from around one third of the papers presented at the First International Conference on Sentencing and Society. Almost without exception, the chapters have been revised, cross-referenced and updated. The overall themes and findings of the international volume are set out by the opening "Introduction" and the closing "Reflections" chapters. Research findings on particular penal policy questions are balanced with an analysis of fundamental conceptual issues, making this international volume essential reading for: sentencing and punishment scholars, criminal justice policy-makers, and graduate students.
Author: Geraldine Mackenzie
Publisher: Federation Press
ISBN: 9781862875357
Category : Law
Languages : en
Pages : 212
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Book Description
How do judges sentence? This question is frequently asked but infrequently explored. What factors are taken into account? How do judges see their role? How do they apply the aims and purposes of sentencing? How are factors such as public opinion taken into account? How Judges Sentence explores these questions through interviews with Queensland judges. The judges explain how they come to their decisions when sentencing, how they view judicial discretion, and how they exercise it. The book carefully examines their comments within the legislative and theoretical contexts of sentencing. The analysis yields valuable insights into judicial methodologies, perceptions, and attitudes towards the sentencing process. How Judges Sentence provides a major contribution to debates on sentencing.
Author: Arie Freiberg
Publisher:
ISBN: 9780455233390
Category : Sentences (Criminal procedure)
Languages : en
Pages : 1073
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Book Description
Guidance on many complex & varied considerations which apply to sentencing matters. Freiberg focuses on Victorian & federal sentencing law with extensive coverage of appellate decisions in every Australian jurisdiction, particularly in relation to matters of general principle.
Author: J. Junger-Tas
Publisher: Kugler Publications
ISBN: 9789062991112
Category : Law
Languages : en
Pages : 120
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Book Description
This report surveys and summarizes the literature on the use of alternative sanctions in 12 western countries with a particular focus on its effectiveness and efficiency.
Author: Cassia Spohn
Publisher: Taylor & Francis
ISBN: 0429650930
Category : Political Science
Languages : en
Pages : 407
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Book Description
Sentencing Policies and Practices in the 21st Century focuses on the evolution and consequences of sentencing policies and practices, with sentencing broadly defined to include plea bargaining, judicial and juror decision making, and alternatives to incarceration, including participation in problem-solving courts. This collection of essays and reports of original research explores how sentencing policies and practices, both in the United States and internationally, have evolved, explores important issues raised by guideline and non-guideline sentencing, and provides an overview of recent research on plea bargaining in the United States, Australia, and the United Kingdom. Other topics include the role of criminal history in sentencing, the past and future of capital punishment, strategies for reducing mass incarceration, problem-solving courts, and restorative justice practices. Each chapter summarizes what is known, identifies the gaps in the research, and discusses the theoretical, empirical, and policy implications of the research findings. The volume is grounded in current knowledge about the specific topics, but also presents new material that reflects the thinking of the leading minds in the field and that outlines a research agenda for the future. This is Volume 4 of the American Society of Criminology’s Division on Corrections and Sentencing handbook series. Previous volumes focused on risk assessment, disparities in punishment, and the consequences of punishment decisions. The handbooks provide a comprehensive overview of these topics for scholars, students, practitioners, and policymakers.
Author: Julian V Roberts
Publisher: Bloomsbury Publishing
ISBN: 1509957456
Category : Law
Languages : en
Pages : 253
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Book Description
This book addresses the fundamental ethical and legal aspects, penal consequences, and social context arising from a citizen's acceptance of guilt. The focus is upon sentencing people who have pleaded guilty; in short, post-adjudication, rather than issues arising from discussions in the pretrial phase of the criminal process. The vast majority of defendants across all common law jurisdictions plead guilty and as a result receive a reduced sentence. Concessions by a defendant attract more lenient State punishment in all western legal systems. The concession is significant: At a stroke, a guilty plea relieves the State of the burden of proving the defendant's guilt beyond a reasonable doubt, and in open court. Plea-based sentencing has become even more visible in recent years. The book provides insightful commentary on the following questions: - If an individual voluntarily accepts guilt, should the State receive this plea without further investigation or any disinterested adjudication? - Is it ethically acceptable to allow suspects and defendants, to self-convict in this manner, without independent confirmation and evidence to support a conviction? - If it is acceptable, what is the appropriate State response to such offenders? - If the defendant is detained pretrial, the ability to secure release in return for a plea may be particularly enticing. Might it be too enticing, resulting in wrongful convictions?
Author: New South Wales. Law Reform Commission
Publisher:
ISBN:
Category : Alternatives to imprisonment
Languages : en
Pages : 554
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Book Description
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?
