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Penal Populism Sentencing Councils And Sentencing Policy

Author: Arie Freiberg
Publisher: Routledge
ISBN: 131782184X
Size: 18.12 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?

Sentencing Policy And Social Justice

Author: Ralph Henham
Publisher: Oxford University Press
ISBN: 0191029033
Size: 12.54 MB
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Sentencing Policy and Social Justice argues that the promotion of social justice should become a key objective of sentencing policy, advancing the argument that the legitimacy of sentencing ultimately depends upon the strength of the relationship between social morality and penal ideology. It sheds light on how shared moral values can influence sentencing policy at a time when relationships of community appear increasingly fragmented, arguing that sentencing will be better placed to make a positive contribution to social justice if it becomes more sensitive to the commonly-accepted moral boundaries that underpin adherence to the 'rule of law'. The need to reflect public opinion in sentencing has received significant attention more recently, with renewed interest in jury sentencing, 'stakeholder sentencing', and the involvement of community views when regulating policy. The author, however, advocates a different approach, combining a new theoretical focus with practical suggestions for reform, and arguing that the contribution sentencing can make to social justice necessitates a fundamental change in the way shared values about the advantages of punishment are reflected in penal ideology and sentencing policy. Using examples from international, comparative and domestic contexts to advance the moral and ethical case for challenging the existing theories of sentencing, the book develops the author's previous theoretical ideas and outlines how these changes could be given practical shape within the context of sentencing in England and Wales. It assesses the consequences for penal governance due to increased state regulation of discretionary sentencing power and examines the prospects for achieving the kind of moral transformation regarded as necessary to reverse such a move. To illustrate these issues each chapter focuses on a particularly problematic area for contemporary sentencing policy; namely, the sentencing of women; the sentencing of irregular migrants; sentencing for offences of serious public disorder; and sentencing for financial crime.

Justice Connections

Author: Patricia Easteal
Publisher: Cambridge Scholars Publishing
ISBN: 1443869406
Size: 13.13 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’.

Punishment And Ethics

Author: J. Ryberg
Publisher: Springer
ISBN: 0230290620
Size: 24.85 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.

Crime Justice And Social Democracy

Author: K. Carrington
Publisher: Springer
ISBN: 1137008695
Size: 77.85 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.

Understanding Public Attitudes To Criminal Justice

Author: Julian V. Roberts
Publisher: McGraw-Hill Education (UK)
ISBN: 0335225802
Size: 40.61 MB
Format: PDF
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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.

Punishing Persistent Offenders

Author: Julian V. Roberts
Publisher: OUP Oxford
ISBN: 9780199283897
Size: 51.95 MB
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For many repeat offenders, previous convictions have more impact on their penalty than the seriousness of their current crime. Why do we punish reoffense more harshly? Should offenders be punished only for crimes they commit and not for crimes committed and paid for in the past? How does this practice affect the views of offenders and the public?

The Virtual Prison

Author: Julian V. Roberts
Publisher: Cambridge University Press
ISBN: 9780521536448
Size: 68.97 MB
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Analyses the effectiveness and implications of community custody for offenders and society as a whole.

Tackling Prison Overcrowding

Author: J. M. Hough
Publisher: Policy Press
ISBN: 9781847421104
Size: 63.86 MB
Format: PDF
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Tackling Prison Overcrowding is a response to controversial proposals and sentencing set out in by Lord Patrick Carter's review of prisons, published in 2007. This book comprises nine chapters by leading academic experts, who expose the proposals of the Carter Review 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.