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Previous Convictions At Sentencing

Author: Julian V Roberts
Publisher: Bloomsbury Publishing
ISBN: 1782256067
Size: 75.54 MB
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This latest volume in the Penal Theory and Penal Ethics series addresses one of the oldestquestions in the field of criminal sentencing: should an offender's previous convictions affect the sentence? Although there is an extensive literature on the definition and use of criminal history information, the emphasis here is on the theoretical and normative aspects of considering previous convictions at sentencing. Several authors explore the theory underlying the practice of mitigating the punishments for first offenders, while others put forth arguments for enhancing sentences for recidivists.

Exploring The Mandatory Life Sentence For Murder

Author: Barry Mitchell
Publisher: Bloomsbury Publishing
ISBN: 1782250255
Size: 44.25 MB
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Murder is often regarded as both the 'ultimate' and a unique crime, and whereas courts are normally given discretion in sentencing offenders, for murder the sentence is mandatory – indeterminate imprisonment. Since the crime and the punishment come as a 'package deal' this book looks at both the legal nature of the offence and at the current operation of the mandatory life sentence. Not only does the book adopt a critical approach, by assessing the strengths and weaknesses of the status quo, it also draws upon comparative material from both common and civil law jurisdictions in an attempt to provide a comprehensive exploration of these issues. The need for public confidence in the criminal justice system is particularly acute in the way it deals with the most serious homicides. In this book the authors report findings from the first systematic exploration of public attitudes to sentencing murder in this or any other common law jurisdiction. The picture of public opinion emerging from this recent large-scale nationwide qualitative and quantitative survey, funded by the Nuffield Foundation, is likely to surprise many, and will be of interest to all jurisdictions where the mandatory life sentence for murder has been questioned.

Criminal Law And The Authority Of The State

Author: Antje du Bois-Pedain
Publisher: Bloomsbury Publishing
ISBN: 1509905154
Size: 76.85 MB
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How does the state, as a public authority, relate to those under its jurisdiction through the criminal law? Connecting the ways in which criminal lawyers, legal theorists, public lawyers and criminologists address questions of the criminal law's legitimacy, contributors to this collection explore issues such as criminal law-making and jurisdiction; the political-ethical underpinnings of legitimate criminal law enforcement; the offence of treason; the importance of doctrinal guidance in the application of criminal law; the interface between tort and crime; and the purposes and mechanisms of state punishment. Overall, the collection aims to enhance and deepen our understanding of criminal law by conceiving of the practices of criminal justice as explicitly and distinctly embedded in the project of liberal self-governance.

Incivilities

Author: A P Simester
Publisher: Bloomsbury Publishing
ISBN: 1847312837
Size: 52.65 MB
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Prohibitions against offensive conduct have existed for many years, but their extent and use was on the decline. Recently, however, several jurisdictions, including England and Wales, have moved to broaden the reach and severity of measures against incivilities. New measures include expanded targeting of unpopular forms of public conduct, such as begging, and legislation authorising magistrates to issue prohibitory orders against anti-social behaviour. Because these quality-of-life prohibitions can be so restrictive of personal liberties, it is essential to develop adequate guiding and limiting principles concerning State intervention in this area. This book addresses the legal regulation of offensive behaviour. Topics include: the nature of offensiveness; the grounds and permissible scope of criminal prohibitions against offensive behaviour; the legitimacy of civil orders against incivilities; and identifying the social trends that have generated current political interest in preventing incivilities through intervention of law. These questions are addressed by eleven distinguished philosophers, criminal law theorists, criminologists, and sociologists. In an area that has attracted much public comment but little theoretical analysis to date, these essays develop a fuller conceptual framework for debating questions about the legal regulation of offensive behaviour.

Liberal Criminal Theory

Author: A P Simester
Publisher: Bloomsbury Publishing
ISBN: 1782254552
Size: 35.96 MB
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This book celebrates Andreas (Andrew) von Hirsch's pioneering contributions to liberal criminal theory. He is particularly noted for reinvigorating desert-based theories of punishment, for his development of principled normative constraints on the enactment of criminal laws, and for helping to bridge the gap between Anglo-American and German criminal law scholarship. Underpinning his work is a deep commitment to a liberal vision of the state. This collection brings together a distinguished group of international authors, who pay tribute to von Hirsch by engaging with topics on which he himself has focused. The essays range across sentencing theory, questions of criminalisation, and the relation between criminal law and the authority of the state. Together, they articulate and defend the ideal of a liberal criminal justice system, and present a fitting accolade to Andreas von Hirsch's scholarly life.

Crimes Harms And Wrongs

Author: A P Simester
Publisher: Bloomsbury Publishing
ISBN: 1847317774
Size: 44.95 MB
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When should we make use of the criminal law? Crimes, Harms, and Wrongs offers a philosophical analysis of the nature and ethical limits of criminalisation. The authors explore the scope of harm-based prohibitions, proscriptions of offensive behaviour, and 'paternalistic' prohibitions aimed at preventing self-harm, developing guiding principles for these various grounds of state prohibition. Both authors have written extensively in the field. They have produced an integrated, accessible, philosophically-sophisticated account that will be of great interest to legal academics, philosophers, and advanced students alike. 'this elegant, closely argued and convincing book is of great value and can be expected to be of lasting influence.' James Chalmers 'Crimes, Harms, and Wrongs . . . is a welcome addition to this field, and should clarify the reader's thinking on a breathtakingly broad range of issues. . . . This is an important book, and [its] consideration of not only Anglo-American theory and law, but also German legal doctrines and writings on criminalisation, should ensure that this debate reaches new heights in the future.' Findlay Stark 'the result of [the authors'] many decades of thought and writing on this fundamental subject is an integrated, accessible, philosophically sophisticated discussion of this subject.' Justice Gilles Renaud 'A.P. Simester and Andreas von Hirsch present an informed and systematic account of the principles that, in their view, should structure decisions about what to criminalize, and when.' Vincent Chiao 'an outstanding work, original in many respects and meticulous in its arguments. It represents the greatest advance on this subject since Feinberg's four volumes . . . an outstanding contribution to the re-invigorated criminalization debate.' Andrew Ashworth 'important, original, interesting, and often ingenious. Unlike some recent competitive books it has the virtue of making sound arguments. And like everything else the authors have written, it is a joy to read ...This is an absolutely wonderful book.' Douglas Husak

Deserved Criminal Sentences

Author: Andreas von Hirsch
Publisher: Bloomsbury Publishing
ISBN: 1509902678
Size: 43.13 MB
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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.

Criminal Justice Ethics

Author: Cyndi Banks
Publisher: SAGE Publications
ISBN: 1412995450
Size: 14.14 MB
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The importance of ethics in criminal justice -- Ethics and the police -- Racial discrimination in the criminal justice system --Lawyers and ethics -- The purpose of criminal punishment -- Ethics in Corrections --The ethics of criminal justice policy making -- Ethics and the "war on terrorism" --Media ethics and criminal justice -- Duty and principle -- Considering the consequences --The importance of character -- Egoism, pleasure and indifference -- A sense of justice --Caring for others.

Proportionate Sentencing

Author: Andrew Von Hirsch
Publisher: Oxford University Press on Demand
ISBN: 9780199272600
Size: 53.31 MB
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The principle that a sentence should be proportionate to the seriousness of the offence remains at the centre of penal practice and scholarly debate. This volume explores highly topical aspects of proportionality theory that require examination and further analysis. von Hirsch and Ashworth explore the relevance of the principle of proportionality to the sentencing of young offenders, the possible reasons for departing from the principle when sentencing dangerous offenders, and the application of the principle to socially deprived offenders. They examine the claim that the principle tends to be associated with greater severity in sentencing, and explore the relevance of penance and of restorative justice to proportionality theory. Their examination of arguments and counter-arguments culminates in a re-statement of the main criteria for proportionate sentencing. The authors are well known for their previous writings on proportionality theory, and this volume broadens thetheory to deal with important contemporary issues in crime and punishment.

Explaining Criminal Careers

Author: John F. MacLeod
Publisher: Oxford University Press
ISBN: 0199697248
Size: 52.71 MB
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A PDF version of this book is available for free in open access via www.oup.com/uk as well as the OAPEN Library platform, www.oapen.org. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license and is part of the OAPEN-UK research project. Explaining Criminal Careers presents a simple but influential theory of crime, conviction and reconviction. The assumptions of the theory are derived directly from a detailed analysis of cohort samples extracted from the Home Office Offenders Index - a unique database which contains records of all criminal (standard list) convictions in England and Wales since 1963. In particular, the theory explains the well-known Age/Crime curve. Based on the idea that there are only three types of offenders, who commit crimes at either high or low (constant) rates and have either a high or low (constant) risk of reoffending, this simple theory makes exact quantitative predictions about criminal careers and age-crime curves. Purely from the birth-rate over the second part of the 20th century, the theory accurately predicts (to within 2%) the prison population contingent on a given sentencing policy. The theory also suggests that increasing the probability of conviction after each offence is the most effective way of reducing crime, although there is a role for treatment programmes for some offenders. The authors indicate that crime is influenced by the operation of the Criminal Justice System and that offenders do not 'grow out' of crime as commonly supposed; they are persuaded to stop or decide to stop after (repeated) convictions, with a certain fraction of offenders desisting after each conviction. Simply imprisoning offenders will not reduce crime either by individual deterrence or by incapacitation. With comprehensive explanations of the formulae used and complete mathematical appendices allowing for individual interpretations and further development of the theory, Explaining Criminal Careers represents an innovative and meticulous investigation into criminal activity and the influences behind it. With clear policy implications and a wealth of original and significant discussions, this book marks a ground-breaking chapter in the criminological debate surrounding criminal careers.