Judicial Decision Making Sentencing Policy And Numerical Guidance

Author : Austin Lovegrove
Publisher : Springer Science & Business Media
ISBN 13 : 1468470809
Total Pages : 302 pages
Book Rating : 4.02/5 ( download)

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Download or read book Judicial Decision Making, Sentencing Policy, and Numerical Guidance written by Austin Lovegrove and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes an original, empirical study of judicial decision making. The process of determining sentences is a difficult one for judges and often unnecessarily intuitive, subjective, and complex. The present study introduces a conceptual outline and empirical technique for increasing the precision of sentencing policy, thus offering an aid to judges who sentence in the light of this policy. The primary purpose of this model of judicial decision making is to provide a framework for scaling the seriousness of any single case in relation to the facts of that case and for relating this assessment to the appropriate quantum of sentence. The validity of the model is tested and cross-validated in an archival study. This innovative research serves as an important prototype for a system of numerical guidance to judges and sentencers.

Author : Austin Lovegrove
Publisher : Cambridge University Press
ISBN 13 : 9780521584272
Total Pages : 296 pages
Book Rating : 4.72/5 ( download)

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Download or read book The Framework of Judicial Sentencing written by Austin Lovegrove and published by Cambridge University Press. This book was released on 1997-05-01 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Austin Lovegrove examines the thinking of judges as they sentence multiple offenders, and identifies the strategies judges have developed to help them apply sentencing law in individual cases, based on their responses when asked to "think aloud" while undertaking sentencing problems. Giving increased specificity to legal analyses of the sentencing process, Dr. Lovegrove enables the appropriateness of the judicial approach to be evaluated, and offers a basis for rule-based and numerical guidelines by making what is currently a largely intuitive process more deliberative.

Author : Cassia Spohn
Publisher : SAGE
ISBN 13 : 1412961041
Total Pages : 377 pages
Book Rating : 4.42/5 ( download)

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Download or read book How Do Judges Decide? written by Cassia Spohn and published by SAGE. This book was released on 2009 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: How are sentences for Federal, State, and Local crimes determined in the United States? Is this process fairly and justly applied to all concerned? How have reforms affected the process over the last 25 years? This text for advanced undergraduate students in criminal justice programs seeks to answer these questions.

Author : United States Sentencing Commission
Publisher :
ISBN 13 :
Total Pages : 68 pages
Book Rating : 4.5V/5 ( download)

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Download or read book Guidelines Manual written by United States Sentencing Commission and published by . This book was released on 1988-10 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 : Silvia D'Ascoli
Publisher : Bloomsbury Publishing
ISBN 13 : 1847316441
Total Pages : 468 pages
Book Rating : 4.48/5 ( download)

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Download or read book Sentencing in International Criminal Law written by Silvia D'Ascoli and published by Bloomsbury Publishing. This book was released on 2011-04-01 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with sentencing in international criminal law, focusing on the approach of the UN ad hoc Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). In contrast to sentencing in domestic jurisdictions, and in spite of its growing importance, sentencing law is a part of international criminal law that is still 'under construction' and is unregulated in many aspects. International sentencing law and practice is not yet defined by exact norms and principles and as yet there is no body of international principles concerning the determination of sentence, notwithstanding the huge volume of sentencing research and the extensive modern debate about sentencing principles. Moreover international judges receive very little guidance in sentencing matters: this contributes to inconsistencies and may increase the risk that similar cases will be sentenced in different ways. One purpose of this book is to investigate and evaluate the process of international sentencing, especially as interpreted by the ICTY and the ICTR, and to suggest a more comprehensive and coherent system of guiding principles, which will foster the development of a law of sentencing for international criminal justice. The book discusses the law and jurisprudence of the ad hoc Tribunals, and also presents an empirical analysis of influential factors and other data from ICTY and ICTR sentencing practice, thus offering quantitative support for the doctrinal analysis. This publication is one of the first to be entirely devoted to the process of sentencing in international criminal justice. The book will thus be of great interest to practitioners, academics and students of the subject.

Author : Cyrus Tata
Publisher : Springer Nature
ISBN 13 : 3030010600
Total Pages : 187 pages
Book Rating : 4.07/5 ( download)

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Download or read book Sentencing: A Social Process written by Cyrus Tata and published by Springer Nature. This book was released on 2019-12-28 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Giovanni Sartor
Publisher : Springer Science & Business Media
ISBN 13 : 9401590109
Total Pages : 230 pages
Book Rating : 4.05/5 ( download)

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Download or read book Judicial Applications of Artificial Intelligence written by Giovanni Sartor and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: The judiciary is in the early stages of a transformation in which AI (Artificial Intelligence) technology will help to make the judicial process faster, cheaper, and more predictable without compromising the integrity of judges' discretionary reasoning. Judicial decision-making is an area of daunting complexity, where highly sophisticated legal expertise merges with cognitive and emotional competence. How can AI contribute to a process that encompasses such a wide range of knowledge, judgment, and experience? Rather than aiming at the impossible dream (or nightmare) of building an automatic judge, AI research has had two more practical goals: producing tools to support judicial activities, including programs for intelligent document assembly, case retrieval, and support for discretionary decision-making; and developing new analytical tools for understanding and modeling the judicial process, such as case-based reasoning and formal models of dialectics, argumentation, and negotiation. Judges, squeezed between tightening budgets and increasing demands for justice, are desperately trying to maintain the quality of their decision-making process while coping with time and resource limitations. Flexible AI tools for decision support may promote uniformity and efficiency in judicial practice, while supporting rational judicial discretion. Similarly, AI may promote flexibility, efficiency and accuracy in other judicial tasks, such as drafting various judicial documents. The contributions in this volume exemplify some of the directions that the AI transformation of the judiciary will take.

Author : Geraldine Mackenzie
Publisher : Federation Press
ISBN 13 : 9781862875357
Total Pages : 212 pages
Book Rating : 4.59/5 ( download)

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Download or read book How Judges Sentence written by Geraldine Mackenzie and published by Federation Press. This book was released on 2005 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Rosemary Sheehan
Publisher : Routledge
ISBN 13 : 1351782673
Total Pages : 395 pages
Book Rating : 4.78/5 ( download)

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Download or read book Magistrates' Decision-Making in Child Protection Cases written by Rosemary Sheehan and published by Routledge. This book was released on 2018-02-06 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2001. Making decisions about the care and protection of children who appear before the courts is complex. Attention must be paid to the best interests of the child, the child’s need for their family, community views on parenting, and concern about welfare intrusion into family life. Magistrates have a unique authority to make, or reject child protection orders - yet the criteria they use to decide a protection order, how they understand the information presented to them in court and the factors that influence their discretion and decision-making have, until now, been little known. Presenting the findings of a study undertaken at Melbourne Children’s Court, this book offers a much-needed investigation of how magistrates actually make child protection decisions. Case examples highlight this decision-making and the book thus offers practical assistance to professionals working with children in the legal process.