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Previous Convictions At Sentencing

Author: Julian V Roberts
Publisher: Bloomsbury Publishing
ISBN: 1782256067
Size: 65.30 MB
Format: PDF
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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: 35.43 MB
Format: PDF, Kindle
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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.

Penal Censure

Author: Antje du Bois-Pedain
Publisher: Bloomsbury Publishing
ISBN: 1509919805
Size: 28.12 MB
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This exploration of penal censure is inspired by the 40th anniversary of the publication of Andreas von Hirsch's Doing Justice, which opened up a fresh set of issues in theorisation about punishment that eventually led von Hirsch to ground his proposed model of desert-based sentencing on the notion of penal censure. Von Hirsch's work thus provides an obvious starting-point for an exploration of the importance of censure for the justification of punishment, both within his theory of just deserts and from the perspectives of other theoretical approaches. It also provides an opportunity for engaging with censure more broadly from philosophical, sociological–anthropological and individual–psychological perspectives. The essays in this collection map the conceptual territory of censure from these different perspectives, address issues for desert theory that arise from fuller understandings of censure, and consider afresh the role of censure within the jurisprudence of punishment. They show that analyses of censure from different vantage points can significantly enrich punishment theory, not least by providing a conceptual basis for perceiving common ground between and thus connecting different strands of penal theory.

Criminal Law And The Authority Of The State

Author: Antje du Bois-Pedain
Publisher: Bloomsbury Publishing
ISBN: 1509905154
Size: 22.70 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.

Criminal Justice Ethics

Author: Cyndi Banks
Publisher: SAGE
ISBN: 1412958326
Size: 56.46 MB
Format: PDF
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Criminal Justice Ethics: Theory and Practice 2/e takes a sociological approach to criminal justice ethics by emphasizing the social and historical aspects of ethical inquiry. The author presents a unique discussion of ethical issues by exploring moral dilemmas faced by professionals in the criminal justice system before examining the major theoretical foundations of ethics. This distinct organization allows readers to understand real life ethical issues before grappling with philosophical approaches to the resolution of those issues.

Sociological Abstracts

Author: Leo P. Chall
Publisher:
ISBN:
Size: 52.65 MB
Format: PDF, ePub
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CSA Sociological Abstracts abstracts and indexes the international literature in sociology and related disciplines in the social and behavioral sciences. The database provides abstracts of journal articles and citations to book reviews drawn from over 1,800+ serials publications, and also provides abstracts of books, book chapters, dissertations, and conference papers.

Incapacitation

Author: Marijke Malsch
Publisher: Routledge
ISBN: 1317117670
Size: 21.82 MB
Format: PDF
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In many criminal justice systems a new trend towards incapacitation can be witnessed. A ubiquitous want for control seems to have emerged as a consequence of perceived safety risks. This can be seen not only in the mass incarceration of offenders but also in the disqualification of offenders from jobs, in chemical castration in cases of sexual crimes, the increased use of electronic monitoring and in the life-long monitoring of individuals who pose certain risks. Trends towards incapacitation are now even spreading to public administration and the employment sector, in the refusal of licenses and the rejection of employees with past criminal records. This book discusses the topic of incapacitation from various angles and perspectives. It explores how theories of punishment are affected by the more recent emphasis on incapacitation and how criminal justice practice is changing as a consequence of this new emphasis. Many contributors express criticisms with this trend towards incapacitation. They argue for a better calibration of measures to the severity of the misconduct. In addressing an increasingly important development in criminal justice, the book will be an essential resource for students, researchers, and policy-makers working in the areas of criminal law, sentencing, probation and crime prevention.

21st Century Criminology A Reference Handbook

Author: J. Mitchell Miller
Publisher: SAGE
ISBN: 1412960193
Size: 76.36 MB
Format: PDF, ePub, Mobi
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21st Century Criminology: A Reference Handbook provides straightforward and definitive overviews of 100 key topics comprising traditional criminology and its modern outgrowths. The individual chapters have been designed to serve as a "first-look" reference source for most criminological inquires. Both connected to the sociological origins of criminology (i.e., theory and research methods) and the justice systems' response to crime and related social problems, as well as coverage of major crime types, this two-volume set offers a comprehensive overview of the current state of criminology. From student term papers and masters theses to researchers commencing literature reviews, 21st Century Criminology is a ready source from which to quickly access authoritative knowledge on a range of key issues and topics central to contemporary criminology.