Proportionate Sentencing


Proportionate Sentencing
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Proportionate Sentencing


Proportionate Sentencing
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Author : Andrew Von Hirsch
language : en
Publisher: Oxford Monographs on Criminal
Release Date : 2005

Proportionate Sentencing written by Andrew Von Hirsch and has been published by Oxford Monographs on Criminal this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Language Arts & Disciplines categories.


This book is about the principle of proportionality--the principle that a sentence should be proportionate to the seriousness of the offense committed. Although the principle has often been discussed, this book breaks new ground by examining more fully the detailed arguments for the theory and for applying it to a range of situations including young offenders, dangerous offenders and socially deprived offenders. The authors are well known for their previous writings on proportionality theory, and this book broadens the theory to deal with important contemporary issues in crime and punishment.



The Ethics Of Proportionate Punishment


The Ethics Of Proportionate Punishment
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Author : Jesper Ryberg
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-11-10

The Ethics Of Proportionate Punishment written by Jesper Ryberg 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 2007-11-10 with Philosophy categories.


The philosophical discussion of state punishment is well on in years. In contrast with a large number of ethical problems which are concerned with right and wrong in relation to a narrowly specified area of human life and practice and which hav- at least since the early 70’s - been regarded as a legitimate part of philosophical thinking constituting the area of applied ethics, reflections on punishment can be traced much further back in the history of western philosophy. This is not surprising. That the stately mandated infliction of death, suffering, or deprivation on citizens should be met with hesitation - from which ethical reflections may depar- seems obvious. Such a practice certainly calls for some persuasive justification. It is therefore natural that reflective minds have for a long time devoted attention to punishment and that the question of how a penal system can be justified has constituted the central question in philosophical discussion. Though it would certainly be an exaggeration to claim that the justification question is the only aspect of punishment with which philosophers have been concerned, there has in most periods been a clear tendency to regard this as the cardinal issue. Comparatively much less attention has been devoted to the more precise questions of how, and how much, criminals should be punished for their respective wrong-doings. This may, of course, be due to several reasons.



Deserved Criminal Sentences


Deserved Criminal Sentences
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Author : Andreas von Hirsch
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-02-09

Deserved Criminal Sentences written by Andreas von Hirsch and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-09 with Law categories.


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.



Proportionate Sentencing


Proportionate Sentencing
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Author : Andrew Von Hirsch
language : en
Publisher:
Release Date : 2005

Proportionate Sentencing written by Andrew Von Hirsch and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Proportionality in law categories.


This book is about the principle of proportionality - the principle that a sentence should be proportionate to the seriousness of the offence committed. It examines the detailed arguments for the theory and for applying it to a range of situations including young offenders, dangerous offenders and socially deprived offenders.



Deserved Criminal Sentences


Deserved Criminal Sentences
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Author : Andrew Von Hirsch
language : en
Publisher: Hart Publishing
Release Date : 2014

Deserved Criminal Sentences written by Andrew Von Hirsch and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Proportionality in law categories.


"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. This volume will be of interest to all those working in penal theory and practice, criminal sentencing and the criminal law more generally."--Résumé de l'éditeur.



The Ethics Of Proportionate Punishment


The Ethics Of Proportionate Punishment
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Author : Jesper Ryberg
language : en
Publisher:
Release Date : 2014-09-01

The Ethics Of Proportionate Punishment written by Jesper Ryberg and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-01 with categories.




Censure And Sanctions


Censure And Sanctions
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Author : Andrew Von Hirsch
language : en
Publisher: Oxford University Press, USA
Release Date : 1993

Censure And Sanctions written by Andrew Von Hirsch 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 1993 with Law categories.


The 1991 Criminal Justice Act, requires that sentences be 'proportionate' to the severity of the crime. This book discusses how sentences may be scaled proportionately to the gravity of the crime. Topics dealt with include how the idea of a penal censure justifies proportionate sentences and how political pressures impinge on sentencing policies.



Previous Convictions At Sentencing


Previous Convictions At Sentencing
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Author : Julian V. Roberts
language : en
Publisher:
Release Date : 2010

Previous Convictions At Sentencing written by Julian V. Roberts and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Electronic books categories.


This latest volume in the Penal Theory and Penal Ethics series addresses one of the oldest and most contested questions in the field of criminal sentencing: should an offender's previous convictions affect the sentence? This question provokes a series of others: Is it possible to justify a discount for first offenders within a retributive sentencing framework? How should previous convictions enter into the sentencing equation? At what point should prior misconduct cease to count for the purposes of fresh sentencing? Should similar previous convictions count more than convictions unrelated to the current offence? Statutory sentencing regimes around the world incorporate provisions which mandate harsher treatment of repeat offenders. Although there is an extensive literature on the definition and use of criminal history information, the emphasis here, as befits a volume in the series, 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. The practice of sentencing repeat offenders in two jurisdictions (England and Wales, and Sweden) is also examined in detail.



Liberal Criminal Theory


Liberal Criminal Theory
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Author : A P Simester
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01

Liberal Criminal Theory written by A P Simester and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.


This book celebrates Andreas (Andrew) von Hirsch's pioneering contributions to liberal criminal theory. He is particularly noted for reinvigorating desert-based theories of punishment, for his development of principled normative constraints on the enactment of criminal laws, and for helping to bridge the gap between Anglo-American and German criminal law scholarship. Underpinning his work is a deep commitment to a liberal vision of the state. This collection brings together a distinguished group of international authors, who pay tribute to von Hirsch by engaging with topics on which he himself has focused. The essays range across sentencing theory, questions of criminalisation, and the relation between criminal law and the authority of the state. Together, they articulate and defend the ideal of a liberal criminal justice system, and present a fitting accolade to Andreas von Hirsch's scholarly life.



Criminal Sentencing As Practical Wisdom


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.