Following World War II, liberal nation-states sought to address injustices of the past. In keeping with trends in other countries, Canada’s government began to consider its own implication in various past wrongs, and in the late twentieth century it began to implement reparative justice initiatives for historically marginalized people. Yet despite this shift, there are more Indigenous and racialized people in Canadian prisons now than at any other time in history. In To Right Historical Wrongs, Carmela Murdocca brings together the paradigm of reparative justice and the study of incarceration to examine this disconnect between the political motivations for amending historical injustices and the vastly disproportionate reality of the justice system – a troubling reality that is often ignored. Drawing on detailed examination of legal cases, parliamentary debates, government reports, media commentary, and community sources, Murdocca presents a new perspective on discussions of culture-based sentencing in an age of both mass incarceration and historical amendment.
Автор: Ashworth Название: Sentencing and Criminal Justice ISBN: 1107652014 ISBN-13(EAN): 9781107652019 Издательство: Cambridge Academ Рейтинг: Цена: 7286.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This unrivalled text on sentencing has been substantially rewritten and updated with the latest legislation, guidelines and decided cases. It now includes an additional chapter focusing on civil preventive orders and other ancillary orders. This is the essential text for anyone interested in criminal justice.
Автор: Jesper Ryberg, Julian V Roberts Название: Sentencing the Self-Convicted: The Ethics of Pleading Guilty ISBN: 150995743X ISBN-13(EAN): 9781509957439 Издательство: Bloomsbury Academic Рейтинг: Цена: 18308.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book addresses the fundamental ethical and legal aspects, penal consequences, and social context arising from a citizen’s acceptance of guilt. The focus is upon sentencing people who have pleaded guilty; in short, post-adjudication, rather than issues arising from discussions in the pretrial phase of the criminal process. The vast majority of defendants across all common law jurisdictions plead guilty and as a result receive a reduced sentence. Concessions by a defendant attract more lenient State punishment in all western legal systems. The concession is significant: At a stroke, a guilty plea relieves the State of the burden of proving the defendant's guilt beyond a reasonable doubt, and in open court. Plea-based sentencing has become even more visible in recent years.The book provides insightful commentary on the following questions: - If an individual voluntarily accepts guilt, should the State receive this plea without further investigation or any disinterested adjudication?- Is it ethically acceptable to allow suspects and defendants, to self-convict in this manner, without independent confirmation and evidence to support a conviction? - If it is acceptable, what is the appropriate State response to such offenders?- If the defendant is detained pretrial, the ability to secure release in return for a plea may be particularly enticing. Might it be too enticing, resulting in wrongful convictions?
Описание: Contextual Characteristics in Juvenile Sentencing assesses how a specific contextual factor-concentrated disadvantage-impacts juvenile court outcomes and considers the relevant implications for the current state of juvenile justice processing.
Описание: Indigenous women continue to be overrepresented in Canadian prisons; research demonstrates how their overincarceration and often extensive experiences of victimization are interconnected with and through ongoing processes of colonization. Implicating the System: Judicial Discourses in the Sentencing of Indigenous Women explores how judges navigate these issuesin sentencing by examining related discourses in selected judgments from a review of 175 decisions.The feminist theory of the victimization-criminalization continuum informs Elspeth Kaiser-Derrick's work. She examines its overlap with the Gladue analysis, foregrounding decisions that effectively integrate gendered understandings of Indigenous women's victimization histories, and problematizing those with less contextualized reasoning. Ultimately, she contends that judicial usage of the victimization-criminalization continuum deepens the Gladue analysis and augments its capacity to further its objectives of alternatives to incarceration. Kaiser-Derrick discusses how judicial discourses about victimization intersect with those about rehabilitation and treatment, and suggests associated problems, particularly where prison is characterized as a place of healing. Finally, she shows how recent incursions into judicial discretion, through legislative changes to the conditional sentencing regime that restrict the availability of alternatives to incarceration, are particularly concerning for Indigenous women in the system.
Автор: Julian V. Roberts Название: Exploring Sentencing Practice in England and Wales ISBN: 1137390395 ISBN-13(EAN): 9781137390394 Издательство: Springer Рейтинг: Цена: 9756.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: How are offenders sentenced in England and Wales? This is the first volume to analyse the empirical and normative aspects of sentencing, exploring a range of important issues including the role of previous convictions, sentencing female offenders, offende
Автор: Tom Daems, Dirk van Zyl Smit, Sonja Snacken Название: European Penology? ISBN: 1509914501 ISBN-13(EAN): 9781509914500 Издательство: Bloomsbury Academic Рейтинг: Цена: 7707.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Is there something distinctive about penology in Europe? Do Europeans think about punishment and penal policy in a different way to people in other parts of the globe? If so, why is this the case and how does it work in practice? This book addresses the issues that have been emerging recently in the interdisciplinary field of `European penology`.
Автор: Andreas von Hirsch Название: Deserved Criminal Sentences ISBN: 150990266X ISBN-13(EAN): 9781509902668 Издательство: Bloomsbury Academic Рейтинг: Цена: 15418.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: 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.
Автор: Kevin J. Mullinix, Robert J. Norris, William D. Hi Название: Politics of Innocence: How Wrongful Convictions Shape Public Opinion ISBN: 1479815969 ISBN-13(EAN): 9781479815968 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 4013.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
The political dynamics that shape the Innocence Movement Since 1989, more than 3000 people are known to have been exonerated after being wrongly convicted in the United States. Each one of these cases represents a gross miscarriage of justice; they are stories of lives upended by a criminal legal system gone awry. Yet, this number just scratches the surface and does not capture the full breadth of wrongful convictions, which may well number in the tens of thousands. The Politics of Innocence explores the political dynamics that have shaped the proliferation of innocence-related policies across the United States and the ways in which wrongful convictions affect public opinion about the criminal legal system. Although some have suggested that this issue transcends ideological divisions, the authors argue that public opinion and the policies that address wrongful convictions are a product of the political landscape. Using original data, the authors show how political ideology influences awareness of the issue, affects support for policy reform, and, in particular electoral contexts, influences state policy adoption. The Politics of Innocence is a moving and data-driven account of wrongful convictions.
Автор: Kevin J. Mullinix, Robert J. Norris, William D. Hi Название: Politics of Innocence: How Wrongful Convictions Shape Public Opinion ISBN: 1479815950 ISBN-13(EAN): 9781479815951 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 11161.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
The political dynamics that shape the Innocence Movement Since 1989, more than 3000 people are known to have been exonerated after being wrongly convicted in the United States. Each one of these cases represents a gross miscarriage of justice; they are stories of lives upended by a criminal legal system gone awry. Yet, this number just scratches the surface and does not capture the full breadth of wrongful convictions, which may well number in the tens of thousands. The Politics of Innocence explores the political dynamics that have shaped the proliferation of innocence-related policies across the United States and the ways in which wrongful convictions affect public opinion about the criminal legal system. Although some have suggested that this issue transcends ideological divisions, the authors argue that public opinion and the policies that address wrongful convictions are a product of the political landscape. Using original data, the authors show how political ideology influences awareness of the issue, affects support for policy reform, and, in particular electoral contexts, influences state policy adoption. The Politics of Innocence is a moving and data-driven account of wrongful convictions.
Автор: Summers, Sarah J (Assistant Professor, Assistant Professor, Universi ty of Zurich) Название: Sentencing and Human Rights ISBN: 0192870386 ISBN-13(EAN): 9780192870384 Издательство: Oxford Academ Рейтинг: Цена: 16103.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Sentencing and Human Rights develops a systematic account of the importance of human rights principles at sentencing stage. It examines how principles of legality, proportionality, equality, and judicial responsibility may be expected to limit sentencing practices and suggests that the concept of state punishment needs to be reconsidered.
Illustrates how the power of narrative influences how police, prosecutors, juries, and judges construct legal reality Wrongful convictions have been studied primarily through the lenses of law, psychology, and the social sciences. Though scholarship has established canonical factors that help explain why the innocent are convicted, a very simple question has not been answered: How is it possible that prosecutors can convince juries and themselves of the guilt of an innocent defendant, often even against strong exculpatory evidence? Narratives of Guilt and Innocence seeks to address this crucial question by highlighting the narrative blueprint of a given criminal justice system and then how the power of narrative influences how police, prosecutors, juries, and judges construct legal reality and the evidence for it. That law and storytelling are connected is a common trope, but we know surprisingly little about the intricate role storytelling plays in criminal cases and wrongful convictions in particular. This book questions the effectiveness of the adversarial contest between prosecutor and defense as a means to arrive at the truth and argues that narrative is an important a factor in the construction of legal reality. Wrongful convictions exemplify that narrative and truth have an uncomfortable relationship. Ralph Grunewald provides a retelling and reading of well-known miscarriages of justice, including the best-known wrongful conviction in Germany. Applying a comparative perspective shows that the narrative desire as a human trait has a universal power with a persistence that transcends the regulatory and procedural setup of a given system. Narratives of Guilt and Innocence puts wrongful convictions into an interdisciplinary and comparative context and vividly demonstrates just how much the process of storytelling affects legal reality.
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