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Aggravation, Mitigation, and Mercy in English Criminal Justice

1999 Law
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Release : 1999
Genre : Law
Kind : eBook
Book Rating : 432/5 ( reviews)

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Book Synopsis Aggravation, Mitigation, and Mercy in English Criminal Justice by : Nigel Walker

Download or read book Aggravation, Mitigation, and Mercy in English Criminal Justice written by Nigel Walker. This book was released on 1999. Available in PDF, EPUB and Kindle. Book excerpt: Offering a comment on the justification for sentences, this work refutes jurisprudential attacks on the propriety of mercy, and discusses the shortcomings of the Court of Appeal's approaches to consistency and other principles of sentencing. The appendices list "guideline cases" and definitions of "seriousness" for the purpose of different statutes.

Mitigation and Aggravation at Sentencing

2011-08-25 Law
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Release : 2011-08-25
Genre : Law
Kind : eBook
Book Rating : 04X/5 ( reviews)

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Book Synopsis Mitigation and Aggravation at Sentencing by : Julian V. Roberts

Download or read book Mitigation and Aggravation at Sentencing written by Julian V. Roberts. This book was released on 2011-08-25. Available in PDF, EPUB and Kindle. Book excerpt: This innovative volume explores a fundamental issue in the field of sentencing: the factors which make a sentence more or less severe. All sentencing systems allow courts discretion to consider mitigating and aggravating factors, and many legislatures have placed a number of such factors on a statutory footing. Yet many questions remain regarding the theory and practice of mitigation and aggravation. Drawing on legal and sociological perspectives and examining mitigation and aggravation in various jurisdictions, the essays provide practical illustrations of specific factors as well as theoretical justifications. After the foreword by Andrew von Hirsch, a number of contributors address broad conceptual issues raised at sentencing. These contributions are followed by several empirical chapters including an exploration of personal mitigation in English courts. The authors are leading scholars from a range of common law jurisdictions including England and Wales, the United States, Canada, Australia, New Zealand and South Africa.

Criminal Sentencing in Bangladesh

2017-03-20 Law
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Release : 2017-03-20
Genre : Law
Kind : eBook
Book Rating : 935/5 ( reviews)

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Book Synopsis Criminal Sentencing in Bangladesh by : Muhammad Mahbubur Rahman

Download or read book Criminal Sentencing in Bangladesh written by Muhammad Mahbubur Rahman. This book was released on 2017-03-20. Available in PDF, EPUB and Kindle. Book excerpt: In Criminal Sentencing in Bangladesh, Muhammad Mahbubur Rahman critically examines the sentencing policies of Bangladesh and demonstrates that the country’s sentencing policies are not only yet to be developed in a coherent manner and shaped with an appropriate and contextual balance, but also remain part of the problem rather than part of the solution. The author forcefully argues that the conception of ‘sentencing policies’ cannot and should not always be confined exclusively to institutional understandings. The typical realities of post-colonial societies call for rethinking the traditional judiciary-centred understanding of what is meant by criminal sentences. This book thus raises the question for theoretical sentencing scholarship whether the prevailing judiciary-centred understanding of sentencing should be rethought.

Criminal Sentencing as Practical Wisdom

2017-06-01 Law
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Release : 2017-06-01
Genre : Law
Kind : eBook
Book Rating : 627/5 ( reviews)

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Book Synopsis Criminal Sentencing as Practical Wisdom by : Graeme Brown

Download or read book Criminal Sentencing as Practical Wisdom written by Graeme Brown. This book was released on 2017-06-01. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Probation

2017-12-14 Social Science
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Release : 2017-12-14
Genre : Social Science
Kind : eBook
Book Rating : 000/5 ( reviews)

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Book Synopsis Probation by : Rob Canton

Download or read book Probation written by Rob Canton. This book was released on 2017-12-14. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive and accessible introduction to probation. It brings together themes of policy, theory and practice to help students and practitioners better understand the work of probation, its limitations, its potential, but above all its value. Setting probation in the context of the criminal justice system, the book explores its history, purposes and contemporary significance. It explains what probation is and the practical realities of working with offenders in the community. The book also covers the governance of probation and how policy and practice are responding to contemporary concerns about crime and community safety. This book encourages readers to appreciate the practical and theoretical strengths and shortcomings of contemporary probation practice. This revised and updated new edition includes a full description and discussion of recent reforms in the probation service and the Transforming Rehabilitation policy agenda. It also offers further discussion of international perspectives on probation, including international developments and collaborative efforts between countries. This book is essential reading for trainee probation officers and students taking courses on probation, offender management, treatment and rehabilitation, working with offenders and community justice.

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