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Penal Populism Sentencing Councils and Sentencing Policy

Penal Populism  Sentencing Councils and Sentencing Policy Author Arie Freiberg
ISBN-10 9781317821847
Release 2014-03-05
Pages 256
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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?



Sentencing Policy and Social Justice

Sentencing Policy and Social Justice Author Ralph Henham
ISBN-10 9780191029035
Release 2018-02-08
Pages 320
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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.



Justice Connections

Justice Connections Author Patricia Easteal
ISBN-10 9781443869409
Release 2014-10-16
Pages 325
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Former High Court judge of Australia, the Hon Michael Kirby, AC, CMG, in addressing the symposium that has evolved into this book, stressed the need for vigilance in the pursuit and protection of justice. Justice Connections is evidence of such vigilance. The book is a veritable smorgasbord of subjects – violence against women, Indigenous people, sentencing, genetic profiling, cultural exceptionalism, arbitral proceedings and environmental law. However, certain themes are constant. The notion of respect for the individual and their personal characteristics underpins the analyses in the book. Accordingly, a number of contributors examine the need to recognise and protect the potentially vulnerable in society. There is recognition too of the significance of the public interest and public participation in just policy and decision-making. Whilst the principle of the rule of law is a constant in civilised society another message of the book is that its form is very much an evolving beast. Furthermore, the book illustrates that justice is not synonymous with law, but more, as Professor Margaret Thornton concludes, ‘a performative idea that is played out differently in different sites by different actors’.



Sentencing Guidelines

Sentencing Guidelines Author Andrew Ashworth
ISBN-10 9780191507502
Release 2013-07-18
Pages 320
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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.



Tackling prison overcrowding

Tackling prison overcrowding Author Hough, Mike
ISBN-10 9781847421180
Release 2008-10-22
Pages 152
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Tackling prison overcrowding is a response to controversial proposals for prisons and sentencing set out in by Lord Patrick Carter's Review of Prisons, published in 2007. The Carter review proposed the construction of vast 'Titan' prisons to deal with the immediate problem of prison overcrowding, the establishment of a Sentencing Commission as a mechanism for keeping judicial demand for prison places in line with supply, along with further use of the private sector, including private sector management methods. Tackling prison overcrowding comprises nine chapters by leading academic experts, who expose these proposals to critical scrutiny. They take the Carter Report to task for construing the problems too narrowly, in terms of efficiency and economy, and for failing to understand the wider issues of justice that need addressing. They argue that the crisis of prison overcrowding is first and foremost a political problem - arising from penal populism - for which political solutions need to be found. This accessible report will be of interest to policy makers, probation practitioners, academics and other commentators on criminal policy.



Crime Justice and Social Democracy

Crime  Justice and Social Democracy Author K. Carrington
ISBN-10 9781137008695
Release 2012-10-17
Pages 365
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This is a provocative collection of timely reflections on the state of social democracy and its inextricable links to crime and justice. Authored by some of the world's leading thinkers from the UK, US, Canada and Australia, the volume provides an understanding of socially sustainable societies.



Understanding Public Attitudes to Criminal Justice

Understanding Public Attitudes to Criminal Justice Author Julian V. Roberts
ISBN-10 9780335225804
Release 2005-11-01
Pages 201
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This book provides an introduction to public attitudes towards criminal justice. It explores the public’s lack of confidence in criminal justice processes, and summarizes findings on public attitudes towards the three principal components of the criminal process: the police, the courts, and the prison system. It examines the importance that people attach to different criminal justice functions, such as preventing crime, prosecuting and punishing offenders, and protecting the public.



Sentencing and Punishment

Sentencing and Punishment Author Susan Easton
ISBN-10 9780198744825
Release 2016-05-26
Pages 512
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Examining the theoretical debates behind the headlines and engaging with current debates, Sentencing and Punishment provides thoughtful, impartial, and unbiased coverage of sentencing and punishment in the UK. Collectively, Susan Easton and Christine Piper are highly experienced teachers andresearchers in this field, making them perfectly placed to deliver this lively account of a highly dynamic subject area. The book takes a thorough and systematic approach to sentencing and punishment, examining key topics from legal, philosophical, and practical perspectives. Offering in-depth and detailed coverage, while remaining succinct and readable, the authors deliver a balanced approach to the subject. Chaptersummaries, discussion questions, and case studies help students to engage with the subject, apply their knowledge, and reflect upon debates. Fully reworked, restructured, and updated for this edition, and incorporating changes following the 2015 general election; this is the essential guide for anyone studying sentencing and punishment as part of a law or criminology course. The book is accompanied by an Online Resource Centre featuring:* Regular updates on case law, new legislation and key developments* Web links to further reading suggestions for each chapter of the book* Guidance on answering end of chapter questions * An online version of the textbook glossary



The Virtual Prison

The Virtual Prison Author Julian V. Roberts
ISBN-10 0521536448
Release 2004-11-18
Pages 219
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Analyses the effectiveness and implications of community custody for offenders and society as a whole.



Sentencing Matters

Sentencing Matters Author Adrian Hoel
ISBN-10 1921100265
Release 2008
Pages 24
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Sentencing Matters has been writing in one form or another for most of life. You can find so many inspiration from Sentencing Matters also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Sentencing Matters book for free.



Penal Populism

Penal Populism Author John Pratt
ISBN-10 9781134173297
Release 2007-02-12
Pages 224
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Expertly drawing on international examples and existing literature, Penal Populism closes a gap in the field of criminology. In this fascinating expose of current crime policy John Pratt examines the role played by penal populism on trends in contemporary penal policy. Penal populism is associated with the public's decline of deference to the criminal justice establishment amidst alarm that crime is out of control. Pratt argues that new media technology is helping to spread national insecurities and politicians are not only encouraging such sentiments but are also being led on by them. Pratt explains it is having most influence in the development of policy on sex offenders, youth crime, persistent criminals and anti-social behaviour. This topical resource also covers new dimensions of the phenomenon, including: the changing nature and structure of the mass media less reliance on the more orthodox expertise of civil servants and academics limitations to the impact of populism, bureaucratic resistance from judges, lawyers and academics and the restorative justice movement. This is essential reading for students, researchers and professionals working in criminology and crime policy.



Punishing Persistent Offenders

Punishing Persistent Offenders Author Julian V. Roberts
ISBN-10 0199283893
Release 2008-02-14
Pages 304
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For many repeat offenders, previous convictions have more impact on their penalty than the seriousness of their current crime. Why do we punish reoffense more harshly? Should offenders be punished only for crimes they commit and not for crimes committed and paid for in the past? How does this practice affect the views of offenders and the public?



Wisconsin Sentencing in the Tough On Crime Era

Wisconsin Sentencing in the Tough On Crime Era Author Michael O'Hear
ISBN-10 9780299310202
Release 2017-01-17
Pages 288
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The dramatic increase in U.S. prison populations since the 1970s is often blamed on mandatory sentencing laws, but this case study of a state with judicial discretion in sentencing reveals that other significant factors influence high incarceration rates.



Punishing the Other

Punishing the Other Author Anna Eriksson
ISBN-10 9781317679851
Release 2015-08-20
Pages 274
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Punishing the Other draws on the work of Zygmunt Bauman to discuss contemporary discourses and practices of punishment and criminalization. Bringing together some of the most exciting international scholars, both established and emerging, this book engages with Bauman’s thesis of the social production of immorality in the context of criminalization and social control and addresses processes of ‘othering’ through a range of contemporary case studies situated in various cultural, political and social contexts. Topics covered include the increasing bureaucratization of the business of punishment with the corresponding loss of moral and ethical reflection in the public sphere; punitive discourses around border control and immigration; and exclusionary discourses and their consequences concerning ‘terrorists’ and other socially and culturally defined outsiders. Engaging with national and global issues that are more topical now than ever before, this book is essential reading for academics and students of involved in the study of the sociology of punishment, punishment and modern society, the criminal justice system, philosophy and punishment, and comparative criminology and penology.



Public Attitudes Towards Sentencing and Alternatives to Imprisonment

Public Attitudes Towards Sentencing and Alternatives to Imprisonment Author Simon Anderson
ISBN-10 0338405615
Release 2002
Pages 91
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Public Attitudes Towards Sentencing and Alternatives to Imprisonment has been writing in one form or another for most of life. You can find so many inspiration from Public Attitudes Towards Sentencing and Alternatives to Imprisonment also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Public Attitudes Towards Sentencing and Alternatives to Imprisonment book for free.



Penal Populism and Public Opinion

Penal Populism and Public Opinion Author Julian V. Roberts
ISBN-10 9780195136234
Release 2003
Pages 244
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The five countries examined are the United States, the United Kingdom, Canada, Australia and New Zealand.



Mitigation and Aggravation at Sentencing

Mitigation and Aggravation at Sentencing Author Julian V. Roberts
ISBN-10 9781139500043
Release 2011-08-25
Pages
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This innovative volume explores a fundamental issue in the field of sentencing: the factors which make a sentence more or less severe. All sentencing systems allow courts discretion to consider mitigating and aggravating factors, and many legislatures have placed a number of such factors on a statutory footing. Yet many questions remain regarding the theory and practice of mitigation and aggravation. Drawing on legal and sociological perspectives and examining mitigation and aggravation in various jurisdictions, the essays provide practical illustrations of specific factors as well as theoretical justifications. After the foreword by Andrew von Hirsch, a number of contributors address broad conceptual issues raised at sentencing. These contributions are followed by several empirical chapters including an exploration of personal mitigation in English courts. The authors are leading scholars from a range of common law jurisdictions including England and Wales, the United States, Canada, Australia, New Zealand and South Africa.