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Author: Richard S. Frase Publisher: Oxford University Press, USA ISBN: 0199757860 Category : Law Languages : en Pages : 297
Book Description
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.
Author: Richard S. Frase Publisher: Oxford University Press, USA ISBN: 0199757860 Category : Law Languages : en Pages : 297
Book Description
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.
Author: Andreas von Hirsch Publisher: Hart Publishing ISBN: 9781901362138 Category : Law Languages : en Pages : 0
Book Description
This new edition of Principled Sentencing offers students of law, legal philosophy, criminology and criminal justice an excellent selection of the best available readings on the moral and philosophical issues in sentencing theory. The structure of the book remains the same as in the first edition, though importantly there are now new chapters dealing with restorative justice, 'law and order', and postmodern approaches. These new chapters reflect the significant number of theoretical advances made since the first edition was published in 1992, as well as the growing interest in critical perspectives. As before, each chapter begins with an introduction by one of the editors and ends with a bibliography of suggested further readings. The main body of each chapter consists of a selection of readings, some very up-to-date, others more timeless, but each in its way seminal. All the chapters have been revised and the editorial introductions brought up-to-date.
Author: Gabriel Hallevy Publisher: Springer Science & Business Media ISBN: 3642323871 Category : Law Languages : en Pages : 249
Book Description
Does an offender have the right to be punished? "The right to be punished" may sound like an oxymoron, but it is not necessarily so. With the emergence of modern criminal law, the offender gained the right to be punished by rational criminal law rather than being lynched by an angry mob. The present-day offender may have the right to be punished by doctrinal sentencing rather than being subjected to verdicts based on vague, unclear, and uncertain principles. In modern criminal law, the imposition of criminal liability follows accurate and strict rules, whereas there are no similar rules for the imposition of punishment. The process of sentencing is vague and obscure, as are the considerations used for the imposition of punishments. The objective of the present book is to propose a comprehensive, general, and legally sophisticated theory of modern doctrinal sentencing. The challenges of such a legal theory are plenty and complex. In addition to increasing clarity and certainty, modern doctrinal sentencing must deal with modern types of delinquency (e.g. organized crime, recidivism, corporate offenders, high-tech offenses, etc.) and modern principles of criminal law. Modern doctrinal sentencing must serve to ensure optimal sentencing.
Author: Andrew Von Hirsch Publisher: ISBN: 9780191709692 Category : Proportionality in law Languages : en Pages : 238
Book Description
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.
Author: Jesper Ryberg Publisher: Oxford University Press ISBN: 019753953X Category : Law Languages : en Pages : 297
Book Description
The first collective work devoted exclusively to the ethical and penal theoretical considerations of the use of artificial intelligence at sentencing Is it morally acceptable to use artificial intelligence (AI) in the determination of sentences on those who have broken the law? If so, how should such algorithms be used--and what are the consequences? Jesper Ryberg and Julian V. Roberts bring together leading experts to answer these questions. Sentencing and Artificial Intelligence investigates to what extent, and under which conditions, justice and the social good may be promoted by allocating parts of the most important task of the criminal court--that of determining legal punishment--to computerized sentencing algorithms. The introduction of an AI-based sentencing system could save significant resources and increase consistency across jurisdictions. But it could also reproduce historical biases, decrease transparency in decision-making, and undermine trust in the justice system. Dealing with a wide-range of pertinent issues including the transparency of algorithmic-based decision-making, the fairness and morality of algorithmic sentencing decisions, and potential discrimination as a result of these practices, this volume offers avaluable insight on the future of sentencing.
Author: Andrew Ashworth Publisher: Cambridge University Press ISBN: 1139486748 Category : Law Languages : en Pages : 503
Book Description
Andrew Ashworth expertly examines the key issues in English sentencing policy and practice including the mechanisms for producing sentencing guidelines. He considers the most high-profile stages in the criminal justice process such as the Court of Appeal's approach to the custody threshold, the framework for the sentencing of young offenders and the abiding problems of previous convictions in sentencing. Taking into account the Criminal Justice and Immigration Act 2008 and the Coroners and Justice Act 2009, the book's inter-disciplinary approach places the legislation and guidelines on sentencing in the context of criminological research, statistical trends and theories of punishment. By examining the law in relation to elements of the wider criminal justice system, including the prison and probation services, students gain a rounded perspective on the relevant principles and problems of sentencing and criminal justice.
Author: Geraldine Mackenzie Publisher: ISBN: Category : Law Languages : en Pages : 324
Book Description
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.
Author: Richard S. Frase
Author: Richard S. Frase
Author: Andrew Von Hirsch
Author: Andreas von Hirsch
Author: United States Sentencing Commission
Author: Gabriel Hallevy
Author: D. A. Thomas
Author: Andrew Von Hirsch
Author: Jesper Ryberg
Author: Andrew Ashworth
Author: Geraldine Mackenzie