deserved criminal sentences

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Deserved Criminal Sentences

Author : Andreas von Hirsch
ISBN : 9781509902675
Genre : Law
File Size : 50. 68 MB
Format : PDF
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This book provides an accessible and systematic restatement of the desert model for criminal sentencing by one of its leading academic exponents. The desert model emphasises the degree of seriousness of the offender's crime in deciding the severity of his punishment, and has become increasingly influential in recent penal practice and scholarly debate. It explains why sentences should be based principally on crime-seriousness, and addresses, among other topics, how a desert-based penalty scheme can be constructed; how to gauge punishments' seriousness and penalties' severity; what weight should be given to an offender's previous convictions; how non-custodial sentences should be scaled; and what leeway there might be for taking other factors into account, such as an offender's need for treatment. The volume will be of interest to all those working in penal theory and practice, criminal sentencing and the criminal law more generally.

Sentencing Multiple Crimes

Author : Jesper Ryberg
ISBN : 9780190607623
Genre : Social Science
File Size : 44. 45 MB
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Most people assume that criminal offenders have only been convicted of a single crime. However, in reality almost half of offenders stand to be sentenced for more than one crime. The high proportion of multiple crime offenders poses a number of practical and theoretical challenges for the criminal justice system. For instance, how should courts punish multiple offenders relative to individuals who have been sentenced for a single crime? How should they be punished relative to each other? Sentencing Multiple Crimes discusses these questions from the perspective of several legal theories. This volume considers questions such as the proportionality of the crimes committed, the temporal span between the crimes, and the relationship between theories about the punitive treatment of recidivists and multiple offenders. Contributors from around the world and in the fields of legal theory, philosophy, and psychology offer their perspectives to the volume. A comprehensive examination of the dynamics involved with sentencing multiple offenders has the potential to be a powerful tool for legal scholars and professionals, particularly given the practical importance of the topic and the relative dearth of research about punishment of multiple offense cases.

Criminal Law In The Age Of The Administrative State

Author : Vincent Chiao
ISBN : 9780190920838
Genre : Law
File Size : 33. 36 MB
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What is the criminal law for? One influential answer is that the criminal law vindicates pre-political rights and condemns wrongdoing. On this account, the criminal law has an intrinsic subject matter-certain types of moral wrongdoing-and it provides a distinctive response to that wrongdoing, namely condemnatory punishment. In Criminal Law in the Age of the Administrative State, Vincent Chiao offers an alternative, public law account. What the criminal law is for, Chiao suggests, is sustaining social cooperation with public institutions. Consequently, we only have reason to support the use of the criminal law insofar as its use is consistent with our reasons for valuing the social order established by those institutions. By starting with the political morality of public institutions rather than the interpersonal morality of private relationships, this account shows how the criminal law is continuous with the modern administrative and welfare state, and why it is answerable to the same political virtues. Chiao sketches a democratic egalitarian account of those virtues, one that is loosely consequentialist, egalitarian but not equalizing, and centered on a form of freedom-effective access to central capabilities-as its currency of evaluation. From this point of view, the role of the criminal law is to help public institutions create a society in which each person can lead a life as a peer among peers. Chiao shows how a democratic egalitarian approach to criminal justice provides a fresh perspective on a range of contemporary problems, from mass incarceration to overcriminalization, due process and the collateral consequences of a criminal conviction.

Previous Convictions At Sentencing

Author : Julian V Roberts
ISBN : 9781782256069
Genre : Law
File Size : 72. 71 MB
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This latest volume in the Penal Theory and Penal Ethics series addresses one of the oldestquestions in the field of criminal sentencing: should an offender's previous convictions affect the sentence? Although there is an extensive literature on the definition and use of criminal history information, the emphasis here is on the theoretical and normative aspects of considering previous convictions at sentencing. Several authors explore the theory underlying the practice of mitigating the punishments for first offenders, while others put forth arguments for enhancing sentences for recidivists.

Punishment And Ethics

Author : J. Ryberg
ISBN : 9780230290624
Genre : Philosophy
File Size : 27. 49 MB
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A collection of original contributions by philosophers working in the ethics of punishment, gathering new perspectives on various challenging topics including punishment and forgiveness, dignity, discrimination, public opinion, torture, rehabilitation, and restitution.

Responsibility And Punishment

Author : J. Angelo Corlett
ISBN : 9789401598514
Genre : Philosophy
File Size : 72. 26 MB
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A provocative and lucid defense of retributivism against several long-standing criticisms. The author explores the matter of reparations for past wrongs in the case of crimes committed against Native Americans by the United States Government. Unequaled in its depth and scope of discussion the book delves deeply into particular concerns with retributivism, responsibility, and certain areas of compensation.

Criminal Sentencing As Practical Wisdom

Author : Graeme Brown
ISBN : 9781509902620
Genre : Law
File Size : 48. 70 MB
Format : PDF, Kindle
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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.

Just Mercy Adapted For Young Adults

Author : Bryan A. Stevenson
ISBN : 9780525580058
Genre : Young Adult Nonfiction
File Size : 53. 82 MB
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In this young adult adaptation of the acclaimed bestselling Just Mercy, which the New York Times calls "as compelling as To Kill a Mockingbird, and in some ways more so," Bryan Stevenson delves deep into the broken U.S. justice system, detailing from his personal experience his many challenges and efforts as a lawyer and social advocate, especially on behalf of America's most rejected and marginalized people. In this very personal work--proceeds of which will go to charity--Bryan Stevenson recounts many and varied stories of his work as a lawyer in the U.S. criminal justice system on behalf of those in society who have experienced some type of discrimination and/or have been wrongly accused of a crime and who deserve a powerful advocate and due justice under the law. Through the Equal Justice Initiative (EJI), an organization Stevenson founded as a young lawyer and for which he currently serves as Executive Director, this important work continues. EJI strives to end mass incarceration and excessive punishment in the United States, working to protect basic human rights for the most vulnerable people in American society. "A deeply moving collage of true stories . . . .This is required reading." --Kirkus, Starred Review Praise for Just Mercy: A Story of Justice and Redemption: "Important and compelling." --Pulitzer Prize-winning author TRACY KIDDER "Gripping. . . . What hangs in the balance is nothing less than the soul of a great nation." --DESMOND TUTU, Nobel Peace Prize Laureate "An inspiring and powerful story." --#1 New York Times bestselling author JOHN GRISHAM

China S Legal Reforms And Their Political Limits

Author : Ingrid Hooghe
ISBN : 9781136124501
Genre : Social Science
File Size : 46. 53 MB
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Presents new insights into recent changes in China's legal framework in areas crucial to the modernisation process. Topics include law reform to accommodate foreign interests and convert China to a market economy, the judicial system and its treatment of human rights issues, the introduction of non-tariff barriers for foreign companies, and the current privatisation process.

The Collapse Of American Criminal Justice

Author : William J. Stuntz
ISBN : 9780674051751
Genre : Law
File Size : 47. 51 MB
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Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions.

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