Judicial Discretion In Sentencing By Judges And Magistrates
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Judicial Discretion In Sentencing By Judges And Magistrates
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Author : Vivian G. Hines
language : en
Publisher:
Release Date : 1982
Judicial Discretion In Sentencing By Judges And Magistrates written by Vivian G. Hines and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with categories.
Criminal Sentencing As Practical Wisdom
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Author : Graeme Brown
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-06-01
Criminal Sentencing As Practical Wisdom written by Graeme Brown and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-01 with Law categories.
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.
Criminal Sentencing As Practical Wisdom
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Author : Graeme Brown (Lawyer)
language : en
Publisher:
Release Date : 2014
Criminal Sentencing As Practical Wisdom written by Graeme Brown (Lawyer) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Criminal justice, Administration of categories.
Principles Of Sentencing
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Author : Geraldine Mackenzie
language : en
Publisher:
Release Date : 2010
Principles Of Sentencing written by Geraldine Mackenzie and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
Sentencing in all Australian jurisdictions is now largely governed by legislation which prescribes some basic guidelines and principles. At the same time, the High Court and the State appeal courts have been more active in developing a sentencing jurisprudence, effectively standardising many of the core principles of sentencing law.However, judges and magistrates retain a wide discretion in almost every case, and lawyers argue many different, often disparate and sometimes inherently complex, factors.The authors of this book burrow through the maze of developing sentencing law to isolate, explain and critique the principles which operate across and between jurisdictions. They identify the key themes, analyse examples from the different jurisdictions and examine the exercise of judicial discretion both in the scope of factors that may be taken into account and in the choice of sanctions.
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.
Sentencing Judicial Discretion And Training
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Author : Colin R. Munro
language : en
Publisher:
Release Date : 1992
Sentencing Judicial Discretion And Training written by Colin R. Munro and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Judges categories.
The Judicial Role In Criminal Proceedings
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Author : Sean Doran
language : en
Publisher: Hart Publishing
Release Date : 2000-11-04
The Judicial Role In Criminal Proceedings written by Sean Doran and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-11-04 with Law categories.
The role of the judge in criminal proceedings is a multifaceted one that is subject constantly to new demands and challenges. In recent times,for example, judges have been accorded greater responsibility for case management in advance of trial, adaptations to the rules of evidence have enhanced the scope for discretionary decision-making, while legislative developments in the sentencing field have forced a reevaluation of the judge's role in sentencing offenders. In the near future, the judicial role in this jurisdiction will take on a new dimension when the Human Rights Act is implemented. This collection of essays includes contributions on the above themes and beyond, including the issues of plea bargaining, judges in emergency situations, judges and media concerns, victims in the criminal process and magistrates' justice. The collection is comparative and international in scope and includes contributions from leading scholars in the United States, Europe and elsewhere. Authors include Judge Jack B. Weinstein, Andrew Ashworth, Mike McConville, and Justice Albie Sachs.
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 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.
Judicial Discretion
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Author : J. Eric Smithburn
language : en
Publisher:
Release Date : 1991
Judicial Discretion written by J. Eric Smithburn and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Judicial discretion categories.
