Exploring Sentencing Practice In England And Wales

Author : J. Roberts
Publisher : Springer
ISBN 13 : 1137390409
Total Pages : 268 pages
Book Rating : 4.00/5 ( download)

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Download or read book Exploring Sentencing Practice in England and Wales written by J. Roberts and published by Springer. This book was released on 2015-02-27 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the theory and practice of sentencing in England and Wales, exploring issues such as the role of previous convictions, offender remorse and sentencing female offenders, as well as drawing upon a new and unique source of data from the Crown courts.

Author : Andrew Ashworth
Publisher : OUP Oxford
ISBN 13 : 0191507504
Total Pages : 320 pages
Book Rating : 4.02/5 ( download)

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Download or read book Sentencing Guidelines written by Andrew Ashworth and published by OUP Oxford. This book was released on 2013-07-18 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : J. Roberts
Publisher : Springer
ISBN 13 : 1137390409
Total Pages : 268 pages
Book Rating : 4.00/5 ( download)

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Download or read book Exploring Sentencing Practice in England and Wales written by J. Roberts and published by Springer. This book was released on 2015-02-27 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the theory and practice of sentencing in England and Wales, exploring issues such as the role of previous convictions, offender remorse and sentencing female offenders, as well as drawing upon a new and unique source of data from the Crown courts.

Author : Cassia Spohn
Publisher : Taylor & Francis
ISBN 13 : 0429650930
Total Pages : 407 pages
Book Rating : 4.32/5 ( download)

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Download or read book Handbook on Sentencing Policies and Practices in the 21st Century written by Cassia Spohn and published by Taylor & Francis. This book was released on 2019-06-14 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Ralph Henham
Publisher : Oxford University Press
ISBN 13 : 0191029041
Total Pages : 245 pages
Book Rating : 4.42/5 ( download)

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Download or read book Sentencing Policy and Social Justice written by Ralph Henham and published by Oxford University Press. This book was released on 2018-02-22 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Andrew Ashworth
Publisher : Bloomsbury Publishing
ISBN 13 : 1509936300
Total Pages : 536 pages
Book Rating : 4.04/5 ( download)

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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 : Alison Liebling
Publisher : Oxford University Press
ISBN 13 : 0198719442
Total Pages : 1057 pages
Book Rating : 4.41/5 ( download)

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Download or read book The Oxford Handbook of Criminology written by Alison Liebling and published by Oxford University Press. This book was released on 2017 with total page 1057 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beginning with the history of criminology this updated and revised edition deals with topics as diverse as policing, substance abuse, juvenile crime, statistics, prisons, victims, and organised crime in Britain.

Author : Jesper Ryberg
Publisher : Oxford University Press
ISBN 13 : 019753953X
Total Pages : 297 pages
Book Rating : 4.38/5 ( download)

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Download or read book Sentencing and Artificial Intelligence written by Jesper Ryberg and published by Oxford University Press. This book was released on 2022-02-04 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first collective work devoted exclusively to the ethical and penal theoretical considerations of the use of artificial intelligence at sentencing Is it morally acceptable to use artificial intelligence (AI) in the determination of sentences on those who have broken the law? If so, how should such algorithms be used--and what are the consequences? Jesper Ryberg and Julian V. Roberts bring together leading experts to answer these questions. Sentencing and Artificial Intelligence investigates to what extent, and under which conditions, justice and the social good may be promoted by allocating parts of the most important task of the criminal court--that of determining legal punishment--to computerized sentencing algorithms. The introduction of an AI-based sentencing system could save significant resources and increase consistency across jurisdictions. But it could also reproduce historical biases, decrease transparency in decision-making, and undermine trust in the justice system. Dealing with a wide-range of pertinent issues including the transparency of algorithmic-based decision-making, the fairness and morality of algorithmic sentencing decisions, and potential discrimination as a result of these practices, this volume offers avaluable insight on the future of sentencing.

Author : Graeme Brown
Publisher : Bloomsbury Publishing
ISBN 13 : 1509917594
Total Pages : 240 pages
Book Rating : 4.94/5 ( download)

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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 240 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 : Graeme Brown
Publisher : Bloomsbury Publishing
ISBN 13 : 1509902635
Total Pages : 304 pages
Book Rating : 4.37/5 ( download)

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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.