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: Jan W de Keijser, Julian V Roberts, Jesper Ryberg Название: Predictive Sentencing: Normative and Empirical Perspectives ISBN: 1509921419 ISBN-13(EAN): 9781509921416 Издательство: Bloomsbury Academic Рейтинг: Цена: 18308.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Predictive Sentencing addresses the role of risk assessment in contemporary sentencing practices. Predictive sentencing has become so deeply ingrained in Western criminal justice decision-making that despite early ethical discussions about selective incapacitation, it currently attracts little critique. Nor has it been subjected to a thorough normative and empirical scrutiny. This is problematic since much current policy and practice concerning risk predictions is inconsistent with mainstream theories of punishment. Moreover, predictive sentencing exacerbates discrimination and disparity in sentencing. Although structured risk assessments may have replaced 'gut feelings', and have now been systematically implemented in Western justice systems, the fundamental issues and questions that surround the use of risk assessment instruments at sentencing remain unresolved. This volume critically evaluates these issues and will be of great interest to scholars of criminal justice and criminology.
Автор: Sarat Название: Is the Death Penalty Dying? ISBN: 110763427X ISBN-13(EAN): 9781107634275 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book provides an analysis of the historical and political conditions that shaped death penalty practice from the end of World War II to the present. It assesses what the United States can learn from the European experience with capital punishment, especially the trajectory of abolition in different European nations.
Автор: Julian V Roberts, Andreas von Hirsch Название: Previous Convictions at Sentencing: Theoretical and Applied Perspectives ISBN: 184946684X ISBN-13(EAN): 9781849466844 Издательство: Bloomsbury Academic Рейтинг: Цена: 5202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This volume in the Penal Theory and Penal Ethics series addresses one of the oldest and most contested questions in the field of criminal sentencing.
Описание: This book investigates how defendants are assessed by criminal justice decisionmakers, such as judges, lawyers, probation officers, parole board members and those involved in restorative justice. What attitudes and emotions are defendants expected to show? How are these expectations communicated? The book argues that defendants, at various stages of the criminal justice process, are expected to show a (more or less) free acceptance of guilt and individual responsibility along with a display of ‘appropriate’ emotions, ideally including ‘genuine’ remorse. It examines why such expressions of individualresponsibility and remorse are so important to decision-makers and the state. With contributors from across the world, the book opens new comparative possibilities and research agendas.
Автор: Easton, Susan (emeritus Professor Of Law, Emeritus Professor Of Law, Brunel University London) Piper, Christine (emeritus Professor, Emeritus Professo Название: Sentencing and punishment ISBN: 0192863304 ISBN-13(EAN): 9780192863300 Издательство: Oxford Academ Рейтинг: Цена: 7951.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Fully reworked, restructured, and updated, and incorporating changes following the 2019 general election; this fifth edition is the essential guide for anyone studying sentencing and punishment as part of a law or criminology course.
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