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Sentencing the Self-Convicted: The Ethics of Pleading Guilty, Jesper Ryberg, Julian V Roberts
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?
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: 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.
Nonjudicial officers (NJOs) permeate the criminal justice and the forensic mental health systems in hidden ways. But what are the impact and consequences of non-lawyers and non- “real judges” hearing cases? Across the nation, numerous cases are outsourced to administrative and other NJOs to decide issues ranging from family court cases involving custody disputes and foster care, to alcohol, substance abuse, as well as mental health and institutionalization issues. Moreover, NJOs may also deal with probation sentencing, conditions of confinement, release restrictions, and even capital punishment.
The editors and contributors to the indispensable Justice Outsourced examine the hidden role of these non-judicial officers in the courtroom and administrative settings, as well as the ethical and practical considerations of using NJOs. Written from the perspective of therapeutic jurisprudence by judges, criminologists, lawyers, law professors, psychologists, and sociologists, this volume provides a much-needed wake-up call that emphasizes why the removal of a judge weakens a defendant’s rights and dignity and corrupts the administration of justice. However, Justice Outsourced also suggests effective employments of NJOs, revealing the potential of therapeutic principles and procedures to enhance the practical knowledge supplied by nonjudicial decision-makers.
Автор: Sean D. Murphy Название: Sentencing Law, Policy, and Practice ISBN: 1642423114 ISBN-13(EAN): 9781642423112 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 40748.00 р. Наличие на складе: Поставка под заказ.
Описание: With guilt in the vast majority of criminal cases now resolved by guilty pleas, sentencing is a matter of surpassing importance in the American criminal process. Reflecting its significance, the sentencing phase has been buffeted by successive waves of reform efforts, complicating an already challenging topic for law students and instructors alike. Sentencing Law, Policy, and Practice covers this terrain in a manner that is comprehensive, nuanced, and accessible. Coverage includes core sentencing topics, such as the purposes of punishment, constitutional limitations on punishment, sentencing guidelines, and the disparate treatment of defendants, as well as in-depth coverage of other critically important subjects that often receive only glancing treatment in sentencing casebooks—community supervision, economic sanctions, capital punishment, and collateral consequences. The book takes a multi-disciplinary approach, frequently drawing upon cutting-edge legal and social science research, providing opportunities for students to analyze and discuss topics in new and often provocative ways. The text has sufficient breadth and depth for use in a three-credit course but is also readily adaptable for use in a two-credit format.
Автор: Freer Elaine A. O. Название: Sentencing: New Trajectories in Law ISBN: 0367862611 ISBN-13(EAN): 9780367862619 Издательство: Taylor&Francis Рейтинг: Цена: 8420.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book examines the process and purpose of sentencing in the criminal justice system, beyond the confines of its legalistic aspects.
Название: Criminal law reform now ISBN: 1509944028 ISBN-13(EAN): 9781509944026 Издательство: Bloomsbury Academic Рейтинг: Цена: 8092.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: If you could change one part of the criminal law, what would it be? The editors put this question to nine leading academics and practitioners. The first nine chapters of the collection present their responses in the form of legal reform proposals, with topics ranging across criminal law, criminal justice and evidence – including confiscation, control orders, criminal attempts, homicide, assisted dying, the special status of children, time restrictions on prosecution, the right to silence, and special measures in court. Each chapter is followed by a comment from a different author, providing an additional expert view on each reform proposal. Finally, the last two chapters broaden the debate to discuss criminal law reform in general, examining various reform bodies and mechanisms across England, Wales and Scotland. Criminal Law Reform Now highlights and explores the current reform debates that matter most to legal experts, with each chapter making a case for positive change.
Автор: Tata, Cyrus Название: Sentencing: a social process ISBN: 3030010597 ISBN-13(EAN): 9783030010591 Издательство: Springer Рейтинг: Цена: 7927.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
This book asks how we should make sense of sentencing when, despite huge efforts world-wide to analyse, critique and reform it, it remains an enigma.Sentencing: A Social Process reveals how both research and policy-thinking about sentencing are confined by a paradigm that presumes autonomous individualism, projecting an artificial image of sentencing practices and policy potential. By conceiving of sentencing instead as a social process, the book advances new policy and research agendas. Sentencing: A Social Process proposes innovative solutions to classic conundrums, including: rules versus discretion; aggravating versus mitigating factors; individualisation versus consistency; punishment versus rehabilitation; efficient technologies versus the quality of justice; and ways of reducing imprisonment.
Автор: Minson, Shona Название: Maternal Sentencing and the Rights of the Child ISBN: 303032737X ISBN-13(EAN): 9783030327378 Издательство: Springer Рейтинг: Цена: 12196.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Acknowledgements Contents Chapter 1: Introduction Aims and Structure Part I: The Foundations Chapter 2: The invisibility of women and their children in the criminal justice system State separation of children from their parents- The family court practice- The criminal court practiceChildren of imprisoned parents: IntroductionWomen in prison in England and Wales- Women in prison 1995 -2006- Women in prison 2007 -2019 - Increasing visibility and numbersThe impacts of parental imprisonment on children Describing the Harms - The doctrine of double effect- Defendant responsibility - Collateral damage or collateral consequences- Punishment DriftReconceptualising the harms - Secondary prisonisation of children and caregivers- Secondary Stigmatisation of children and caregiversConclusion Chapter 3: Methodological Choices and Challenges Research DesignMethodological Choices- Mixed methods design- Triangulation of data - Direct engagement with childrenProcedural and Practice EthicsMethodological Challenges- Access- Power dynamics- Bias and reflexivity The research participants- Families in which child(ren) and caregivers were interviewed- Families in which only child(ren) were interviewed- Families in which only the caregiver was interviewed- Family in which the child(ren) only completed the questionnaire Part II: Explanations for the differentiated treatment of children of defendant mothers Chapter 4: Explanation 1: Children are not adversely impacted when their mother is imprisoned Introduction Overview of international research findingsUnderstanding the impactsSecondary Prisonisation- The changes children experience as a consequence of their mother's physical removal - Physical separation - Change of caregiver - Changes to home - Changes to education - The changes children experience in their relationship with their mother - Maintaining a relationship - Maintaining a relationship through visits - Maintaining a relationship through letters and phone calls - The changed dynamic of the mother and child relationship Secondary StigmatisationConfounding Grief: children's emotional and behavioural responses - Grief- Anger and physical aggression- Sleep problems and regressive behaviours- Problems at school - Anger at authority Conclusion Chapter 5: Explanation 2: The state duty of care does not extend to children of defendant mothers Statutory obligations towards children in England and Wales The welfare of the child - The Children Act 1989- The Threshold Criteria - Post-1989 developments Non-statutory obligations towards children in England and Wales Children's rights and state initiated separation of a child from their parent- Family court proceedings: during the court proceedings - Family court proceedings: after
Автор: Graeme Brown Название: Criminal Sentencing as Practical Wisdom ISBN: 1509933069 ISBN-13(EAN): 9781509933068 Издательство: Bloomsbury Academic Рейтинг: Цена: 8670.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
How do judges sentence? In particular, how important is judicial discretion in sentencing? Sentencing guidelines are often said to promote consistency, but is consistency in sentencing achievable or even desirable? Whilst the passing of a sentence is arguably the most public stage of the criminal justice process, there have been few attempts to examine judicial perceptions of, and attitudes towards, the sentencing process.
Through interviews with Scottish judges and by presenting a comprehensive review and analysis of recent scholarship on sentencing - including a comparative study of UK, Irish and Commonwealth sentencing jurisprudence - this book explores these issues to present a systematic theory of sentencing. Through an integration of the concept of equity as particularised justice, the Aristotelian concept of phronesis (or 'practical wisdom'), the concept of value pluralism, and the focus of appellate courts throughout the Commonwealth on sentencing by way of 'instinctive synthesis', it is argued that judicial sentencing methodology is best viewed in terms of a phronetic synthesis of the relevant facts and circumstances of the particular case. The author concludes that sentencing is best conceptualised as a form of case-orientated, concrete and intuitive decision making; one that seeks individualisation through judicial recognition of the profoundly contextualised nature of the process.
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.
Название: Criminal Procedure and Sentencing ISBN: 1032440570 ISBN-13(EAN): 9781032440576 Издательство: Taylor&Francis Рейтинг: Цена: 6430.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
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