Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Achieving Consistency in Sentencing PDF full book. Access full book title Achieving Consistency in Sentencing by Lyndon Harris. Download full books in PDF and EPUB format.
Author: Lyndon Harris Publisher: Oxford University Press ISBN: 0192859269 Category : Sentences (Criminal procedure) Languages : en Pages : 353
Book Description
The Sentencing Council of England and Wales has as its core aim to promote consistency in sentencing, with a developed system of appellate guidance at sentencing in addition to a narrative guidelines system which is now two decades old. As such, there is much to analyse and many lessons to be learned - for England and Wales and other jurisdictions. Consistency in sentencing is widely regarded to be an essential component of a fair sentencing system; but what does consistency mean exactly? In Achieving Consistency in Sentencing , the author maintains that consistency incorporates both substantive and procedural elements, focussing upon the proper application of principle. The notion of comparing 'like' cases is rejected as simplistic, impractical, and unprincipled. Lyndon Harris argues that a more principled approach reconciles the tension between consistency and individualised justice which has been suggested to exist. The author uses clear empirical evidence of inconsistency in sentencing to emphasize the crucial need for discretion during the sentencing exercise which, he argues, should be structured in a way that encourages sentences to be imposed in accordance with the principles underpinning the scheme while maintaining the ability to individualise sentences. Using England and Wales as a case study, this work analyses various methods of structuring discretion. The latter part of the book examines the interplay between the primary givers of guidance: Parliament, the Court of Appeal (Criminal Division), and the Sentencing Council and draws conclusions (good and bad) as to ways in which consistency can be achieved. Lyndon Harris identifies lessons to be learned while pointing out the strengths and deficiencies in the various devices used to guide sentencing judges when they are required to exercise their discretion. The book draws attention to the need for greater flexibility and structure while emphasising the work that needs to be done to address racial and gender inconsistencies in sentencing. Thus, while providing a theoretically sound critique of the concept, this monograph is of direct practical relevance to those studying or practising in sentencing systems worldwide.
Author: Lyndon Harris Publisher: Oxford University Press ISBN: 0192859269 Category : Sentences (Criminal procedure) Languages : en Pages : 353
Book Description
The Sentencing Council of England and Wales has as its core aim to promote consistency in sentencing, with a developed system of appellate guidance at sentencing in addition to a narrative guidelines system which is now two decades old. As such, there is much to analyse and many lessons to be learned - for England and Wales and other jurisdictions. Consistency in sentencing is widely regarded to be an essential component of a fair sentencing system; but what does consistency mean exactly? In Achieving Consistency in Sentencing , the author maintains that consistency incorporates both substantive and procedural elements, focussing upon the proper application of principle. The notion of comparing 'like' cases is rejected as simplistic, impractical, and unprincipled. Lyndon Harris argues that a more principled approach reconciles the tension between consistency and individualised justice which has been suggested to exist. The author uses clear empirical evidence of inconsistency in sentencing to emphasize the crucial need for discretion during the sentencing exercise which, he argues, should be structured in a way that encourages sentences to be imposed in accordance with the principles underpinning the scheme while maintaining the ability to individualise sentences. Using England and Wales as a case study, this work analyses various methods of structuring discretion. The latter part of the book examines the interplay between the primary givers of guidance: Parliament, the Court of Appeal (Criminal Division), and the Sentencing Council and draws conclusions (good and bad) as to ways in which consistency can be achieved. Lyndon Harris identifies lessons to be learned while pointing out the strengths and deficiencies in the various devices used to guide sentencing judges when they are required to exercise their discretion. The book draws attention to the need for greater flexibility and structure while emphasising the work that needs to be done to address racial and gender inconsistencies in sentencing. Thus, while providing a theoretically sound critique of the concept, this monograph is of direct practical relevance to those studying or practising in sentencing systems worldwide.
Author: Lyndon Harris (Lawyer) Publisher: ISBN: 9780192675385 Category : Sentences (Criminal procedure) Languages : en Pages : 0
Book Description
Achieving consistency in sentencing examines the sentencing system in England and Wales and evaluates its dominant principles of retributive proportionality with elements of consequentialist theory; arrives at a theoretically sound and practically functional definition of consistency to promote greater flexibility of discretion at sentencing, and; identifies key lessons and methods for achieving greater consistency in sentencing.
Author: Lyndon Harris Publisher: Oxford University Press ISBN: 0192675397 Category : Law Languages : en Pages : 353
Book Description
The Sentencing Council of England and Wales has as its core aim to promote consistency in sentencing, with a developed system of appellate guidance at sentencing in addition to a narrative guidelines system which is now two decades old. As such, there is much to analyse and many lessons to be learned - for England and Wales and other jurisdictions. Consistency in sentencing is widely regarded to be an essential component of a fair sentencing system; but what does consistency mean exactly? In Achieving Consistency in Sentencing , the author maintains that consistency incorporates both substantive and procedural elements, focussing upon the proper application of principle. The notion of comparing 'like' cases is rejected as simplistic, impractical, and unprincipled. Lyndon Harris argues that a more principled approach reconciles the tension between consistency and individualised justice which has been suggested to exist. The author uses clear empirical evidence of inconsistency in sentencing to emphasize the crucial need for discretion during the sentencing exercise which, he argues, should be structured in a way that encourages sentences to be imposed in accordance with the principles underpinning the scheme while maintaining the ability to individualise sentences. Using England and Wales as a case study, this work analyses various methods of structuring discretion. The latter part of the book examines the interplay between the primary givers of guidance: Parliament, the Court of Appeal (Criminal Division), and the Sentencing Council and draws conclusions (good and bad) as to ways in which consistency can be achieved. Lyndon Harris identifies lessons to be learned while pointing out the strengths and deficiencies in the various devices used to guide sentencing judges when they are required to exercise their discretion. The book draws attention to the need for greater flexibility and structure while emphasising the work that needs to be done to address racial and gender inconsistencies in sentencing. Thus, while providing a theoretically sound critique of the concept, this monograph is of direct practical relevance to those studying or practising in sentencing systems worldwide.
Author: J. Roberts Publisher: Palgrave Macmillan ISBN: 9781137390394 Category : Social Science Languages : en Pages : 0
Book Description
This volume explores the theory and practice of sentencing in England and Wales, exploring issues such as the role of previous convictions, offender remorse and sentencing female offenders, as well as drawing upon a new and unique source of data from the Crown courts.
Author: Graeme Brown Publisher: Bloomsbury Publishing ISBN: 1509902627 Category : Law Languages : en Pages : 559
Book Description
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.
Author: Lyndon Harris
Author: Lyndon Harris
Author: Syed Ahmad Idid Syed Abdullah Idid (Dato')
Author: Lyndon Harris (Lawyer)
Author: Lyndon Harris
Author: Syed Ahmad Idid
Author: Syed Ahmad Idid Syed Abdullah Idid (Dato')
Author: Brian J. Preston
Author: J. Roberts
Author: United States Sentencing Commission
Author: Graeme Brown