Implicating the System: Judicial Discourses in the Sentencing of Indigenous Women, Elspeth Kaiser-Derrick
Автор: Khechumyan, Aleksandr Название: Imprisonment of the elderly and death in custody ISBN: 1138554839 ISBN-13(EAN): 9781138554832 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
Over the past few decades, there has been a sharp increase in the number of elderly prisoners, and hence a rise in the number of prisoners dying in custody. In this book, Khechumyan questions whether respect for human dignity would justify releasing older and seriously ill prisoners. He also examines the normative justifications which could limit the administration of the imprisonment of the elderly and seriously ill.
Khechumyan argues that factors such as a prisoner's age and health could alter the balance between the legitimate goals of punishment, rendering the continued imprisonment 'grossly disproportionate'. To address these issues, Articles 3 and 5 of the European Convention of Human Rights are extensively examined.
This book is a valuable resource for academics, researchers and policy-makers working in the fields of Criminal Justice, Human Rights Law, and Gerontology.
This monograph considers the correlation between the relative success of retributive penal policies in English-speaking liberal democracies since the 1970s, and the practical evidence of increasingly excessive reliance on the penal State in those jurisdictions.
It sets out three key arguments. First, that increasingly excessive conditions in England and Wales over the last three decades represent a failure of retributive theory. Second, that the penal minimalist cause cannot do without retributive proportionality, at least in comparison to the limiting principles espoused by rehabilitation, restorative justice and penal abolitionism. Third, that another retributivism is therefore necessary if we are to confront penal excess. The monograph offers a sketch of this new approach, 'late retributivism', as both a theory of punishment and of minimalist political action, within a democratic society.
Centrally, criminal punishment is approached as both a political act and a policy choice. Consequently, penal theorists must take account of contemporary political contexts in designing and advocating for their theories. Although this inquiry focuses primarily on England and Wales, its models of retributivism and of academic contribution to democratic penal policy-making are relevant to other jurisdictions, too.
Описание: This book describes an original, empirical study of judicial decision making. The present study introduces a conceptual outline and empirical technique for increasing the precision of sentencing policy, thus offering an aid to judges who sentence in the light of this policy.
Автор: Graeme Brown Название: Criminal Sentencing as Practical Wisdom ISBN: 1509902619 ISBN-13(EAN): 9781509902613 Издательство: Bloomsbury Academic Рейтинг: Цена: 19008.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
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.
Название: Exploring sentencing practice in england and wales ISBN: 1349482595 ISBN-13(EAN): 9781349482597 Издательство: Springer Рейтинг: Цена: 5589.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: "How are offenders sentenced in England and Wales? This is the first volume to analyse the empirical and normative aspects of sentencing in the UK, exploring a range of important issues including the role of previous convictions, sentencing female offenders, offender remorse and the sentencing of offenders convicted of multiple crimes. This unique collection reveals how courts in this jurisdiction sentence offenders, providing a portrait of sentencing trends in the Magistrates and Crown courts from 1996 to the present day. Drawing from a new source of data from the Crown courts, original insights are derived about the way that offenders are punished.With expert contributions from scholars in Criminal Justice and Law, this authoritative account presents the latest data trends relating to sentencing, as well as conclusions for policy and practice. "--
Автор: Martha A. Myers; Susette M. Talarico Название: The Social Contexts of Criminal Sentencing ISBN: 1461291321 ISBN-13(EAN): 9781461291329 Издательство: Springer Рейтинг: Цена: 16769.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The second question directs attention to the social contexts of sentencing and asks whether they directly affect sentencing outcomes.
Автор: Peppers Todd C., Anderson Margaret A. Название: A Courageous Fool: Marie Deans and Her Struggle Against the Death Penalty ISBN: 0826521614 ISBN-13(EAN): 9780826521613 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 4990.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: There have been many heroes and victims in the battle to abolish the death penalty, and Marie Deans fits into both of those categories. A South Carolina native who yearned to be a fiction writer, Marie was thrust by a combination of circumstances—including the murder of her beloved mother-in-law—into a world much stranger than fiction, a world in which minorities and the poor were selected to be sacrificed to what Supreme Court Justice Harry Blackmun called the ""machinery of death.""Marie found herself fighting to bring justice to the legal process and to bring humanity not only to prisoners on death row but to the guards and wardens as well. During Marie's time as a death penalty opponent in South Carolina and Virginia, she experienced the highs of helping exonerate the innocent and the lows of standing death watch in the death house with thirty-four condemned men.
Автор: Graeme Brown Название: Criminal Sentencing as Practical Wisdom ISBN: 1509933069 ISBN-13(EAN): 9781509933068 Издательство: Bloomsbury Academic Рейтинг: Цена: 7126.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
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.
Описание: This book is a step-by-step guide to the sentencing of felonies, misdemeanors, and impaired driving in North Carolina. It includes the felony and misdemeanor sentencing grids that apply under Structured Sentencing and a table showing the different sentencing levels for DWI. The book also includes materials on diversion programs (deferred prosecution and conditional discharge), probation supervision, fines and fees, and sex offender registration.
Описание: Well-selected and authoritative, Palgrave Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in exams.
Автор: Andreas von Hirsch Название: Deserved Criminal Sentences ISBN: 1509930051 ISBN-13(EAN): 9781509930050 Издательство: Bloomsbury Academic Рейтинг: Цена: 4592.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: 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.
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