Remorse Penal Theory And Sentencing
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Remorse Penal Theory And Sentencing
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Author : Hannah Maslen
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-04-30
Remorse Penal Theory And Sentencing written by Hannah Maslen and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-30 with Law categories.
This monograph addresses a contested but under-discussed question in the field of criminal sentencing: should an offender's remorse affect the sentence he or she receives? Answering this question involves tackling a series of others: is it possible to justify mitigation for remorse within a retributive sentencing framework? Precisely how should remorse enter into the sentencing equation? How should the mitigating weight of remorse interact with other aggravating and mitigating factors? Are there some offence or offender characteristics that preclude remorse-based mitigation? Remorse is recognised as a legitimate mitigating factor in many sentencing regimes around the world, with powerful effects on sentence severity. Although there has been some discussion of whether this practice can be justified within the literature on sentencing and penal theory, this monograph provides the first comprehensive and in-depth study of possible theoretical justifications. Whilst the emphasis here is on theoretical justification, the monograph also offers analysis of how normative conclusions would play out in the broader context of sentencing decisions and the guidance intended to structure them. The conclusions reached have relevance for sentencing systems around the world.
Remorse And Criminal Justice
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Author : Steven Tudor
language : en
Publisher: Routledge
Release Date : 2021-11-29
Remorse And Criminal Justice written by Steven Tudor and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-29 with Law categories.
This multi-disciplinary collection brings together original contributions to present the best of current thinking about the nature and place of remorse in the context of criminal justice. Despite the widespread and long-standing nature of interest in offender remorse, the topic has until recently been peripheral in academic studies. The authors are scholars from North America, the United Kingdom, Europe, South Africa and Australia, from diverse academic disciplines. They reflect on the role of remorse in law, for better or for worse; on how expressions of remorse are affected by the legal contexts in which they arise; and on the impact of these expressions on the individual, the court and the community. The work is divided into four parts – Part I Judging Remorse addresses issues concerning the task of assessing remorse in the courtroom, usually prior to determining sentence. Part II Remorse Beyond the Courtroom explores the place and significance of remorse in various post-court settings. Part III Remorse, War and Social Trauma addresses remorse in the context of political violence and social trauma in the former Yugoslavia and South Africa. Finally, Part IV Reflections seeks to underscore the multi-disciplinary and inter-disciplinary nature of the collection as a whole, through personal and disciplinary reflections on remorse. The work provides a showcase for how diverse academic disciplines can be brought together through a focus on a common topic. As such, the collection will become a standard reference work for further research across a range of disciplines and promote inter-disciplinary dialogue.
Crime Guilt And Punishment
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Author : C. L. Ten
language : en
Publisher: Oxford University Press, USA
Release Date : 1987
Crime Guilt And Punishment written by C. L. Ten 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 1987 with Criminal justice, Administration of categories.
Considering philosophical theories of punishment in light of both abstract arguments and factual evidence about the effects of punishing offenders, this book links the moral justification of punishment by the state to more general issues about the nature of moral disagreements and our obligations to obey the law. Ten applies his discussion to problems about the punishment of a variety of offenders--the mentally ill and dangerous, Nazi war criminals, "negligent" rapists and drivers, and others--and considers several related questions about crime and punishment.
Remorse
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Author : Michael Proeve
language : en
Publisher: Routledge
Release Date : 2016-04-08
Remorse written by Michael Proeve and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-08 with Social Science categories.
Remorse is a powerful, important and yet academically neglected emotion. This book, one of the very few extended examinations of remorse, draws on psychology, law and philosophy to present a unique interdisciplinary study of this intriguing emotion. The psychological chapters examine the fundamental nature of remorse, its interpersonal effects, and its relationship with regret, guilt and shame. A practical focus is also provided in an examination of the place of remorse in psychotherapeutic interventions with criminal offenders. The book's jurisprudential chapters explore the problem of how offender remorse is proved in court and the contentious issues concerning the effect that remorse - and its absence - should have on sentencing criminal offenders. The legal and psychological perspectives are then interwoven in a discussion of the role of remorse in restorative justice. In Remorse: Psychological and Jurisprudential Perspectives, Proeve and Tudor bring together insights of neighbouring disciplines to advance our understanding of remorse. It will be of interest to theoreticians in psychology, law and philosophy, and will be of benefit to practising psychologists and lawyers.
Remorse Penal Theory And Sentencing
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Author : Hannah Maslen
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-04-30
Remorse Penal Theory And Sentencing written by Hannah Maslen and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-30 with Law categories.
This monograph addresses a contested but under-discussed question in the field of criminal sentencing: should an offender's remorse affect the sentence he or she receives? Answering this question involves tackling a series of others: is it possible to justify mitigation for remorse within a retributive sentencing framework? Precisely how should remorse enter into the sentencing equation? How should the mitigating weight of remorse interact with other aggravating and mitigating factors? Are there some offence or offender characteristics that preclude remorse-based mitigation? Remorse is recognised as a legitimate mitigating factor in many sentencing regimes around the world, with powerful effects on sentence severity. Although there has been some discussion of whether this practice can be justified within the literature on sentencing and penal theory, this monograph provides the first comprehensive and in-depth study of possible theoretical justifications. Whilst the emphasis here is on theoretical justification, the monograph also offers analysis of how normative conclusions would play out in the broader context of sentencing decisions and the guidance intended to structure them. The conclusions reached have relevance for sentencing systems around the world.
Reforming Community Penalties
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Author : Sue Rex
language : en
Publisher: Routledge
Release Date : 2013-01-11
Reforming Community Penalties written by Sue Rex and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-11 with Social Science categories.
This book sets out to explore the role of community penalties in sentencing, arguing that the absence of a strong intellectual framework or underpinning has hampered their development in policy and practice. The research undertaken for this book involved asking people with a particular stake in criminal justice what the point of punishment was and what the courts were trying to achieve in sentencing offenders. It identifies the role of communication as crucial, and looks at ways in which 'communication' can be used to make punishment more constructive, exploring the role of restorative processes and considering the implications of the custody-community provisions in the Criminal Justice Act 2003. Reforming Community Penalties is a major contribution to penological theory and thinking about sentencing and role in criminal justice, and will be essential reading for all with a practitioner or academic interest in this subject. Its findings are likely to play a key role in aiding the development and practice of community penalties, and enabling them to command greater support, and to become a genuine alternative to the increasing use of custody in sentencing and punishment.
Retributivism Has A Past
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Author : Michael Tonry
language : en
Publisher: OUP USA
Release Date : 2011-12-12
Retributivism Has A Past written by Michael Tonry and has been published by OUP USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-12-12 with Law categories.
A collection of essays by major figures in punishment theory, law, and philosophy that reconsiders the popularity and prospects of retributivism, the notion that punishment is morally justified because people have behaved wrongly.
Remorse And Retribution
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Author : Hannah Maslen
language : en
Publisher:
Release Date : 2012
Remorse And Retribution written by Hannah Maslen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Criminal liability categories.
Penal Censure
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Author : Antje du Bois-Pedain
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-04-04
Penal Censure written by Antje du Bois-Pedain and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-04 with Law categories.
This exploration of penal censure is inspired by the 40th anniversary of the publication of Andreas von Hirsch's Doing Justice, which opened up a fresh set of issues in theorisation about punishment that eventually led von Hirsch to ground his proposed model of desert-based sentencing on the notion of penal censure. Von Hirsch's work thus provides an obvious starting-point for an exploration of the importance of censure for the justification of punishment, both within his theory of just deserts and from the perspectives of other theoretical approaches. It also provides an opportunity for engaging with censure more broadly from philosophical, sociological–anthropological and individual–psychological perspectives. The essays in this collection map the conceptual territory of censure from these different perspectives, address issues for desert theory that arise from fuller understandings of censure, and consider afresh the role of censure within the jurisprudence of punishment. They show that analyses of censure from different vantage points can significantly enrich punishment theory, not least by providing a conceptual basis for perceiving common ground between and thus connecting different strands of penal theory.
Justice Through Apologies
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Author : Nick Smith
language : en
Publisher: Cambridge University Press
Release Date : 2014-03-24
Justice Through Apologies written by Nick Smith 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 2014-03-24 with Law categories.
"Consider the case of William Beebe, who drugged and raped eighteen-year-old Liz Seccuro at a University of Virginia Phi Kappa Psi party in 1984. Seccuro awoke the next day wrapped in a bloody sheet on the couch of the deserted fraternity house. She confirmed Beebe's identity by the mail on his dresser. Still bloodied and bruised, Seccuro reported the attack. Campus authorities and Charlottesville police treated her claim dismissively and obstructed her access to a proper investigation. Beebe claimed shehad consented. Feeling stonewalled and hoping to move forward with the rest of her education and life, Seccuro stopped pursuing legal recourse.Twenty-one years later, Seccuro pulled out of her driveway en route to a vacation with her spouse and young child"--