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Penal Populism Sentencing Councils And Sentencing Policy

Author: Arie Freiberg
Publisher: Routledge
ISBN: 131782184X
Size: 25.68 MB
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Public outcries and political platforms based on misinformation and misconceptions about the criminal justice system and current sentencing practice occur all too often in democratic societies. Penal Populism, Sentencing Councils and Sentencing Policy attempts to address this problem by bringing together important contributions from a number of distinguished experts in the field. Penal Populism presents theoretical perspectives on the role of the public in the development of sentencing policy. It places particular emphasis on the emerging role of sentencing commissions, advisory councils or panels in a number of English speaking countries: Australia, New Zealand, the United States, the United Kingdom, Scotland and South Africa. The book explains, expands and develops the existing literature that looks at public attitudes to justice and the role that the 'public' can play in influencing policy. Written in a scholarly yet accessible style, Penal Populism asks the critical questions: should 'public opinion', or preferably, 'public judgment' be relevant to court decision-making, to institutional decision-making and to the political process? And if so, how?

Penal Populism

Author: Arie Freiberg
Publisher: Hawkins Press
ISBN: 9781876067229
Size: 31.63 MB
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With particular emphasis on the emerging role of sentencing commissions, advisory councils or panels in a number of English speaking countries, this book brings together the theoretical perspectives on the role of the public in the development of sentencing policy.Freiberg and Gelb expand and develop the existing literature that looks at public attitudes to justice and the role that the "public" can play in influencing policy. It asks the critical questions: even if "public opinion", or preferably, "public judgment" can be ascertained in relation to a particular sentencing issue, should it be relevant to court decision-making, to institutional decision-making and to the political process? And if so, how?For the first time, descriptions and analyses of new and proposed sentencing advisory bodies in Australia, New Zealand, the United States, the United Kingdom, Scotland and South Africa are outlined and provided. Further, it adds to the knowledge in the field of public opinion by presenting practical examples of ways in which the public has a role in sentencing - illustrating the implementation of recommendations that have been made in existing research over the past few years. These recommendations have focussed on ways to improve public knowledge about the criminal justice system in order to counter political platforms and public outcries that are based on misinformation and misconceptions about the criminal justice system and in particular, about the nature of current sentencing practice.The book is structured in two parts. Part 1 deals with general matters relating to public opinion: our knowledge of what it is or purports to be, and how that influences or shapes sentencing policy. Part 2 deals with the development, and nature of, sentencing councils and their roles vis a vis the public, government and courts.

Punishment And Ethics

Author: J. Ryberg
Publisher: Springer
ISBN: 0230290620
Size: 36.15 MB
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A collection of original contributions by philosophers working in the ethics of punishment, gathering new perspectives on various challenging topics including punishment and forgiveness, dignity, discrimination, public opinion, torture, rehabilitation, and restitution.

Beyond Punishment Achieving International Criminal Justice

Author: M. Findlay
Publisher: Springer
ISBN: 0230250564
Size: 36.24 MB
Format: PDF
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International criminal justice is challenged to better reflect legitimate victim interest. This book provides a framework for achieving synthesis between restorative and retributive dimensions within international criminal trials in order to achieve the peace-making aspirations of the International Criminal Court.

Crime Justice And Social Democracy

Author: K. Carrington
Publisher: Springer
ISBN: 1137008695
Size: 11.58 MB
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This is a provocative collection of timely reflections on the state of social democracy and its inextricable links to crime and justice. Authored by some of the world's leading thinkers from the UK, US, Canada and Australia, the volume provides an understanding of socially sustainable societies.

Justice Connections

Author: Patricia Easteal
Publisher: Cambridge Scholars Publishing
ISBN: 1443869406
Size: 17.35 MB
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Former High Court judge of Australia, the Hon Michael Kirby, AC, CMG, in addressing the symposium that has evolved into this book, stressed the need for vigilance in the pursuit and protection of justice. Justice Connections is evidence of such vigilance. The book is a veritable smorgasbord of subjects – violence against women, Indigenous people, sentencing, genetic profiling, cultural exceptionalism, arbitral proceedings and environmental law. However, certain themes are constant. The notion of respect for the individual and their personal characteristics underpins the analyses in the book. Accordingly, a number of contributors examine the need to recognise and protect the potentially vulnerable in society. There is recognition too of the significance of the public interest and public participation in just policy and decision-making. Whilst the principle of the rule of law is a constant in civilised society another message of the book is that its form is very much an evolving beast. Furthermore, the book illustrates that justice is not synonymous with law, but more, as Professor Margaret Thornton concludes, ‘a performative idea that is played out differently in different sites by different actors’.

Understanding Public Attitudes To Criminal Justice

Author: Julian V. Roberts
Publisher: McGraw-Hill Education (UK)
ISBN: 0335225802
Size: 14.16 MB
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This book provides an introduction to public attitudes towards criminal justice. It explores the public’s lack of confidence in criminal justice processes, and summarizes findings on public attitudes towards the three principal components of the criminal process: the police, the courts, and the prison system. It examines the importance that people attach to different criminal justice functions, such as preventing crime, prosecuting and punishing offenders, and protecting the public.

Sentencing Guidelines

Author: Julian V. Roberts
Publisher: Oxford University Press
ISBN: 019968457X
Size: 16.37 MB
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This book will appeal to anyone with an interest or stake in sentencing. The collection of essays explores a range of issues relating to the English sentencing guidelines. The contributors include practicing lawyers, legal and sociological academics, and also scholars from several other countries including New Zealand and the United States. The volume begins with a clear and concise history of the guidelines as well as a description of how they function. Thechapters explore a range of issues including the effect of guidelines on judicial practice, the role of public opinion in developing sentencing guidelines, the role of the crime victim in sentencingguidelines and the use of guidelines by practicing barristers.

Tackling Prison Overcrowding

Author: Hough, Mike
Publisher: Policy Press
ISBN: 1847421180
Size: 45.57 MB
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Tackling prison overcrowding is a response to controversial proposals for prisons and sentencing set out in by Lord Patrick Carter's Review of Prisons, published in 2007. The Carter review proposed the construction of vast 'Titan' prisons to deal with the immediate problem of prison overcrowding, the establishment of a Sentencing Commission as a mechanism for keeping judicial demand for prison places in line with supply, along with further use of the private sector, including private sector management methods. Tackling prison overcrowding comprises nine chapters by leading academic experts, who expose these proposals to critical scrutiny. They take the Carter Report to task for construing the problems too narrowly, in terms of efficiency and economy, and for failing to understand the wider issues of justice that need addressing. They argue that the crisis of prison overcrowding is first and foremost a political problem - arising from penal populism - for which political solutions need to be found. This accessible report will be of interest to policy makers, probation practitioners, academics and other commentators on criminal policy.

The Virtual Prison

Author: Julian V. Roberts
Publisher: Cambridge University Press
ISBN: 9780521536448
Size: 21.70 MB
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Analyses the effectiveness and implications of community custody for offenders and society as a whole.