Mitigation and Aggravation at Sentencing

Mitigation and Aggravation at Sentencing

Author: Julian V. Roberts

Publisher: Cambridge University Press

Published: 2011-08-25

Total Pages: 305

ISBN-13: 113950004X

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This innovative volume explores a fundamental issue in the field of sentencing: the factors which make a sentence more or less severe. All sentencing systems allow courts discretion to consider mitigating and aggravating factors, and many legislatures have placed a number of such factors on a statutory footing. Yet many questions remain regarding the theory and practice of mitigation and aggravation. Drawing on legal and sociological perspectives and examining mitigation and aggravation in various jurisdictions, the essays provide practical illustrations of specific factors as well as theoretical justifications. After the foreword by Andrew von Hirsch, a number of contributors address broad conceptual issues raised at sentencing. These contributions are followed by several empirical chapters including an exploration of personal mitigation in English courts. The authors are leading scholars from a range of common law jurisdictions including England and Wales, the United States, Canada, Australia, New Zealand and South Africa.


Sentencing Bench Book

Sentencing Bench Book

Author: Judicial Commission of New South Wales

Publisher:

Published: 2006

Total Pages:

ISBN-13: 9780731356133

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This book contains commentary on three key sentencing statutes, and on sentencing law for nine offence categories.


Sentencing Guidelines

Sentencing Guidelines

Author: Andrew Ashworth

Publisher:

Published: 2013-07-18

Total Pages: 307

ISBN-13: 019968457X

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How do sentencing guidelines affect judicial practice? Can public opinion influence the development of these guidelines and what role does the victim have? How do barristers use the guidelines in practice? These questions and more are addressed in this volume examining the English sentencing guidelines and how they function.


North Carolina Sentencing Handbook with Felony, Misdemeanor, and DWI Sentencing Grids 2018

North Carolina Sentencing Handbook with Felony, Misdemeanor, and DWI Sentencing Grids 2018

Author: James M. Markham

Publisher: Unc School of Government

Published: 2018-11

Total Pages: 0

ISBN-13: 9781560119357

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This book is a step-by-step guide to the sentencing of felonies, misdemeanors, and impaired driving in North Carolina. It includes the felony and misdemeanor sentencing grids that apply under Structured Sentencing and a table showing the different sentencing levels for DWI. The book also includes materials on diversion programs (deferred prosecution and conditional discharge), probation supervision, fines and fees, and sex offender registration.


Responsibility and Psychopathy

Responsibility and Psychopathy

Author: Luca Malatesti

Publisher: Oxford University Press

Published: 2010-08-19

Total Pages: 341

ISBN-13: 0199551634

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The discussion of whether psychopaths are morally responsible for their behaviour has long taken place in philosophy. In recent years this has moved into scientific and psychiatric investigation. Responsibility and Psychopathy discusses this subject from both the philosophical and scientific disciplines, as well as a legal perspective.


Limits to Pain

Limits to Pain

Author: Nils Christie

Publisher: Wipf and Stock Publishers

Published: 2007-10-01

Total Pages: 123

ISBN-13: 1556355971

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Inflicting pain is a serious matter, often at variance with cherished values such as kindness and forgiveness. Attempts might therefore be made to hide the basic character of the activity, or to give various scientific reasons for inflicting pain. Such attempts are systematically described in this book, and related to social conditions. None of these attempts to cope with pain seem to be quite satisfactory. It is as if societies in their struggle with penal theories oscillate between attempts to solve an insoluble dilemma. Punishment is used less in some systems than in others. On the basis of examples from systems where pain is rarely inflicted, some general conditions for a low level of pain infliction are formulated. The standpoint is that if pain is to be applied, this should be done without a manipulative purpose and in a social form resembling that which is normal when people are in deep sorrow. Most of the material is from Scandinavia, but the book draws extensively on the crime control debate in the United Kingdom and USA.


Previous Convictions at Sentencing

Previous Convictions at Sentencing

Author: Julian V Roberts

Publisher: Bloomsbury Publishing

Published: 2014-10-01

Total Pages: 335

ISBN-13: 1782256067

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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.


Sentencing and Criminal Justice

Sentencing and Criminal Justice

Author: Andrew Ashworth

Publisher: Cambridge University Press

Published: 2010-02-04

Total Pages: 503

ISBN-13: 1139486748

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Andrew Ashworth expertly examines the key issues in English sentencing policy and practice including the mechanisms for producing sentencing guidelines. He considers the most high-profile stages in the criminal justice process such as the Court of Appeal's approach to the custody threshold, the framework for the sentencing of young offenders and the abiding problems of previous convictions in sentencing. Taking into account the Criminal Justice and Immigration Act 2008 and the Coroners and Justice Act 2009, the book's inter-disciplinary approach places the legislation and guidelines on sentencing in the context of criminological research, statistical trends and theories of punishment. By examining the law in relation to elements of the wider criminal justice system, including the prison and probation services, students gain a rounded perspective on the relevant principles and problems of sentencing and criminal justice.