How Judges Sentence
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How Judges Sentence
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Author : Geraldine Mackenzie
language : en
Publisher: Federation Press
Release Date : 2005
How Judges Sentence written by Geraldine Mackenzie and has been published by Federation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
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.
How Do Judges Decide
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Author : Cassia Spohn
language : en
Publisher: SAGE
Release Date : 2002-01-28
How Do Judges Decide written by Cassia Spohn and has been published by SAGE this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-01-28 with Law categories.
The appropriate amount of punishment for a given crime is an issue that has been debated by scholars, philosophers and legal professionals since the beginning of civilizations. This book seeks to address this issue in all of its complexity by providing a comprehensive overview of the sentencing process in the United States. The book begins by discussing the overall concept of punishment and then proceeds to dissect individual aspects of punishment. Topics include: the sentencing process; responsibility of the judge; disparity and discrimination in sentencing; and sentencing reform. This book is an ideal text for introductory courses on the judicial system, criminal law, law and society. It can be an essential resource to help students understand patterns in the wide discretion and latitude given to judges when determining punishments within the framework of the United States judicial system.
Sentencing Bench Book
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Author : Judicial Commission of New South Wales
language : en
Publisher:
Release Date : 2006
Sentencing Bench Book written by Judicial Commission of New South Wales and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Sentences (Criminal procedure) categories.
This book contains commentary on three key sentencing statutes, and on sentencing law for nine offence categories.
Just Sentencing
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Author : Richard S. Frase
language : en
Publisher: Oxford University Press, USA
Release Date : 2013
Just Sentencing written by Richard S. Frase and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
This title presents a fully developed punishment theory which incorporates both utilitarian and retributive sentencing purposes. The author describes and defends a hybrid sentencing model that integrates theory and practice - blending and balancing both the competing principles of retribution and rehabilitation and the procedural concern of weighing rules against discretion.
Making Sense Of Sentencing
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Author : Julian V. Roberts
language : en
Publisher: University of Toronto Press
Release Date : 1999-01-01
Making Sense Of Sentencing written by Julian V. Roberts and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-01-01 with Law categories.
On 3 September 1996, Bill C-41 was proclaimed in force, initiating one significant step in the reform of sentencing and parole in Canada. This is the first book that, in addition to providing an overview of the law, effectively presents a sociological analysis of the legal reforms and their ramifications in this controversial area. The commissioned essays in this collection cover such crucial issues as options and alternatives in sentencing, patterns revealed by recent statistics, sentencing of minority groups, Bill C-41 and its effects, conditional sentencing, and the structure and relationship between parole and sentencing are clearly presented. An introduction, editorial comments beginning each chapter, and a concluding chapter draw the essays together resulting in a timely, comprehensive and extremely readable work on this critical topic. Broad in scope and perspective, this major new socio-legal study of the law of sentencing will be illuminating to students, members of the legal profession, and the general reader.
The Framework Of Judicial Sentencing
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Author : Austin Lovegrove
language : en
Publisher: Cambridge University Press
Release Date : 1997-05
The Framework Of Judicial Sentencing written by Austin Lovegrove and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-05 with Law categories.
Austin Lovegrove examines the sentencing of offenders appearing on multiple offences and how judges, having fixed a prison sentence for each offence, determine an overall sentence for each offender. Analysing judges' verbal protocols for sentencing problems and sentences for fictitious cases, he is able to offer, first, a model of judicial sentencing in the form of a decision strategy comprising working rules deduced from the given responses of judges as they attempted to apply sentencing law, and, second, a numerical guideline in the form of an algebraic model quantifying the application of the working rules. On the basis of this empirical data, Dr Lovegrove furthers understanding of the nature and place of intuition in sentencing and of how the cumulation of sentence can be integrated into a system of proportionality related to the seriousness of single offences.
Sentencing Principles In Singapore
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Author : Keng Siong Kow
language : en
Publisher:
Release Date : 2019
Sentencing Principles In Singapore written by Keng Siong Kow and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Judgments, Criminal categories.
How Judges Judge
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Author : Brian M. Barry
language : en
Publisher: Taylor & Francis
Release Date : 2020-11-26
How Judges Judge written by Brian M. Barry and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-26 with Law categories.
A judge’s role is to make decisions. This book is about how judges undertake this task. It is about forces on the judicial role and their consequences, about empirical research from a variety of academic disciplines that observes and verifies how factors can affect how judges judge. On the one hand, judges decide by interpreting and applying the law, but much more affects judicial decision-making: psychological effects, group dynamics, numerical reasoning, biases, court processes, influences from political and other institutions, and technological advancement. All can have a bearing on judicial outcomes. In How Judges Judge: Empirical Insights into Judicial Decision-Making, Brian M. Barry explores how these factors, beyond the law, affect judges in their role. Case examples, judicial rulings, judges’ own self-reflections on their role and accounts from legal history complement this analysis to contextualise the research, make it more accessible and enrich the reader’s understanding and appreciation of judicial decision-making. Offering research-based insights into how judges make the decisions that can impact daily life and societies around the globe, this book will be of interest to practising and training judges, litigation lawyers and those studying law and related disciplines.
How Judges Think
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Author : Richard A. Posner
language : en
Publisher: Harvard University Press
Release Date : 2010-05-01
How Judges Think written by Richard A. Posner and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-05-01 with Law categories.
A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
Judicial Decision Making Sentencing Policy And Numerical Guidance
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Author : Austin Lovegrove
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Judicial Decision Making Sentencing Policy And Numerical Guidance written by Austin Lovegrove and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Psychology categories.
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.