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Author : Graeme Brown (Lawyer)
Publisher :
ISBN 13 : 9781509902644
Total Pages : pages
Book Rating : 4.43/5 ( download)
Download or read book Criminal Sentencing as Practical Wisdom written by Graeme Brown (Lawyer) and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Graeme Brown
Publisher : Bloomsbury Publishing
ISBN 13 : 1509902635
Total Pages : 304 pages
Book Rating : 4.37/5 ( download)
Download or read book Criminal Sentencing as Practical Wisdom written by Graeme Brown and published by Bloomsbury Publishing. This book was released on 2017-06-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Graeme Brown
Publisher : Bloomsbury Publishing
ISBN 13 : 1509917586
Total Pages : 323 pages
Book Rating : 4.87/5 ( download)
Download or read book Sentencing Rape written by Graeme Brown and published by Bloomsbury Publishing. This book was released on 2020-05-14 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an in-depth comparative study of sentencing practice for rape in six common law jurisdictions: England and Wales, Scotland, Ireland, Canada, New Zealand, and South Africa. It provides a thorough review of the medical literature on the physical and psychological effects of rape, the legal and philosophical literature on the seriousness of the offence, and the victim's role in sentencing. Given the increasingly common practice of perpetrators using mobile and online technologies to film or photograph the commission of sexual offences, the book examines recent socio-legal research on technology-facilitated sexual violence and considers the implications for sentencing. By building on recent scholarship on judicial decision making in sentencing and case law – comprising over 250 decisions of the relevant appellate courts – the book explores and critically analyses judicial approaches to rape sentencing. The analysis is undertaken with a view to suggesting possible reforms to rape sentencing in 'non-guideline' jurisdictions. In so doing, this book seeks to establish general principles for sentencing rape, assisting in the imposition of proportionate sentences. This book will be of interest to judges and practising lawyers; to those researching criminal law, criminal justice, criminology, and gender studies; and to policy makers, including sentencing councils and commissions, in common law jurisdictions worldwide.
Author : Andrew Ashworth
Publisher : Bloomsbury Publishing
ISBN 13 : 1509936300
Total Pages : 536 pages
Book Rating : 4.04/5 ( download)
Download or read book Sentencing and Criminal Justice written by Andrew Ashworth and published by Bloomsbury Publishing. This book was released on 2021-07-15 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: This revised and updated new edition focuses on major developments in sentencing law, practice and theory. Sentencing in England and Wales is now dominated by Sentencing Council guidelines, and scrutiny of those guidelines is central to this book. Issues of principle are identified and discussed, to include the constitutional position of the Sentencing Council; the meaning of, and challenges to, proportionality; and the sentencing of BAME offenders and women offenders. The book welcomes the new Sentencing Code, introduced as the Sentencing Act 2020, and critically examines the government's plans for sentencing reform, set out in the 2020 White Paper A Smarter Approach to Sentencing. Throughout the book, sentencing is explored in its wider criminal justice context – making it essential reading for courses on sentencing, criminal justice and criminal law.
Author : Emmanouil Billis
Publisher : Bloomsbury Publishing
ISBN 13 : 1509938613
Total Pages : 570 pages
Book Rating : 4.12/5 ( download)
Download or read book Proportionality in Crime Control and Criminal Justice written by Emmanouil Billis and published by Bloomsbury Publishing. This book was released on 2021-04-22 with total page 570 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume seeks to reassess the old and to analyse and develop novel approaches to the notion of proportionality in criminal matters and the new security architecture. The discourse is not limited to conventional constitutional constellations and standard problems of sentencing in traditional criminal proceedings. Rather, the book offers an interdisciplinary and cross-jurisdictional exploration of highly topical, proportionality-related issues pertinent to penal theory and legal philosophy, criminalisation policies, security and anti-terrorism strategies, alternative types of justice delivery, and supranational enforcement as well as human rights and international criminal and humanitarian law. In today's global risk society, with its numerous visible and invisible enemies of the state and the individual, balancing freedom and security has become nothing less than an attempt at untying a Gordian knot. Against this background, the proportionality of measures of crime prevention and repression is unquestionably an issue of utmost importance, which basic research and legal policy in rule-of-law based systems are urgently called to address. The timely and fascinating contributions in this book, covering jurisdictions from both the common law and the civil law as well as hybrid and international jurisdictions, will appeal to academics, researchers, policy advisers and practitioners working in the areas of national and international criminal law, comparative criminal justice/criminology and legal philosophy as well as constitutional and security law.
Author : Thom Brooks
Publisher : Routledge
ISBN 13 : 1315527758
Total Pages : 242 pages
Book Rating : 4.58/5 ( download)
Download or read book Punishment written by Thom Brooks and published by Routledge. This book was released on 2021-03-30 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Punishment is a topic of increasing importance for citizens and policymakers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many more are examined in this highly engaging and accessible guide. Punishment is a critical introduction to the philosophy of punishment, offering a new and refreshing approach that will benefit readers of all backgrounds and interests. The first comprehensive critical guide to examine all leading contemporary theories of punishments, this book explores – among others – retribution, the communicative theory of punishment, restorative justice and the unified theory of punishment. Thom Brooks applies these theories to several case studies in detail, including capital punishment, juvenile offending and domestic violence. Punishment highlights the problems and prospects of different approaches in order to argue for a more pluralistic and compelling perspective that is novel and ground-breaking. This second edition has extensive revisions and updates to all chapters, including an all-new chapter on the unified theory substantively redrafted and new chapters on cyber-crimes and social media as well as corporate crimes. Punishment is essential reading for undergraduate and graduate students in philosophy, criminal justice, criminology, justice studies, law, political science and sociology.
Author : Steven Tudor
Publisher : Routledge
ISBN 13 : 0429673019
Total Pages : 314 pages
Book Rating : 4.16/5 ( download)
Download or read book Remorse and Criminal Justice written by Steven Tudor and published by Routledge. This book was released on 2021-11-29 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: This multi-disciplinary collection brings together original contributions to present the best of current thinking about the nature and place of remorse in the context of criminal justice. Despite the widespread and long-standing nature of interest in offender remorse, the topic has until recently been peripheral in academic studies. The authors are scholars from North America, the United Kingdom, Europe, South Africa and Australia, from diverse academic disciplines. They reflect on the role of remorse in law, for better or for worse; on how expressions of remorse are affected by the legal contexts in which they arise; and on the impact of these expressions on the individual, the court and the community. The work is divided into four parts – Part I Judging Remorse addresses issues concerning the task of assessing remorse in the courtroom, usually prior to determining sentence. Part II Remorse Beyond the Courtroom explores the place and significance of remorse in various post-court settings. Part III Remorse, War and Social Trauma addresses remorse in the context of political violence and social trauma in the former Yugoslavia and South Africa. Finally, Part IV Reflections seeks to underscore the multi-disciplinary and inter-disciplinary nature of the collection as a whole, through personal and disciplinary reflections on remorse. The work provides a showcase for how diverse academic disciplines can be brought together through a focus on a common topic. As such, the collection will become a standard reference work for further research across a range of disciplines and promote inter-disciplinary dialogue.
Author : Barry Schwartz
Publisher : Penguin
ISBN 13 : 1594485437
Total Pages : 337 pages
Book Rating : 4.35/5 ( download)
Download or read book Practical Wisdom written by Barry Schwartz and published by Penguin. This book was released on 2011-11-01 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: A reasoned and urgent call to embrace and protect the essential human quality that has been drummed out of our lives: wisdom. In their provocative new book, Barry Schwartz and Kenneth Sharpe explore the insights essential to leading satisfying lives. Encouraging individuals to focus on their own personal intelligence and integrity rather than simply navigating the rules and incentives established by others, Practical Wisdom outlines how to identify and cultivate our own innate wisdom in our daily lives.
Author : J J Child
Publisher : Bloomsbury Publishing
ISBN 13 : 1509916792
Total Pages : 349 pages
Book Rating : 4.95/5 ( download)
Download or read book Criminal Law Reform Now written by J J Child and published by Bloomsbury Publishing. This book was released on 2018-11-29 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: If you could change one part of the criminal law, what would it be? The editors put this question to nine leading academics and practitioners. The first nine chapters of the collection present their responses in the form of legal reform proposals, with topics ranging across criminal law, criminal justice and evidence – including confiscation, control orders, criminal attempts, homicide, assisted dying, the special status of children, time restrictions on prosecution, the right to silence, and special measures in court. Each chapter is followed by a comment from a different author, providing an additional expert view on each reform proposal. Finally, the last two chapters broaden the debate to discuss criminal law reform in general, examining various reform bodies and mechanisms across England, Wales and Scotland. Criminal Law Reform Now highlights and explores the current reform debates that matter most to legal experts, with each chapter making a case for positive change.
Author : Kevin Cheng
Publisher : Cambridge University Press
ISBN 13 : 1009158600
Total Pages : 229 pages
Book Rating : 4.02/5 ( download)
Download or read book The Timing of Guilty Pleas written by Kevin Cheng and published by Cambridge University Press. This book was released on 2023-01-05 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: While guilty pleas are the primary mode of criminal case dispositions across different legal jurisdictions, this topic remains an understudied area. The assumption is that defendants are 'playing the system' and that a sliding scale of sentence discounts is necessary to encourage early guilty pleas, which offer utilitarian benefits of efficiency. These assumptions lack a solid empirical foundation. This book offers a comprehensive investigation of how the timing of guilty pleas affects various facets of the criminal process, from the factors that affect this timing, to the effects that the sliding scale of sentence discounts have on sentences and public opinions about them. It also draws comparisons between Western and Asian legal systems, specifically those of England and Wales and Hong Kong. This book is addressed to scholars, legal practitioners, policymakers and those interested in criminal justice, socio-legal studies and empirical legal research.
