Censure and Sanctions
Censure and Sanctions

Author: Andrew Von Hirsch

Publisher: Oxford University Press on Demand

Published: 1996-02-08

Total Pages: 133

ISBN-13: 9780198262411

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A number of jurisdictions, including England and Wales after their adoption of the 1991 Criminal Justice Act, require that sentences be `proportionate' to the severity of the crime. This book, written by the leading architect of `just deserts' sentencing theory, discusses how sentences may bescaled proportionately to the gravity of the crime. Topics dealt with include how the idea of a penal censure justifies proportionate sentences; how a penalty scale should be `anchored' to reduce overall punishment levels; how non-custodial penalties should be graded and used; and how politicalpressures impinge on sentencing policies.

Deserved Criminal Sentences
Deserved Criminal Sentences

Author: Andreas von Hirsch

Publisher: Bloomsbury Publishing

Published: 2017-02-09

Total Pages: 217

ISBN-13: 1509902678

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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.

Model Rules of Professional Conduct
Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Just Sentencing
Just Sentencing

Author: Richard S. Frase

Publisher: Oxford University Press, USA

Published: 2013

Total Pages: 297

ISBN-13: 0199757860

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This title presents a fully developed punishment theory which incorporates both utilitarian and retributive sentencing purposes. The author describes and defends a hybrid sentencing model that integrates theory and practice - blending and balancing both the competing principles of retribution and rehabilitation and the procedural concern of weighing rules against discretion.

Penal Censure
Penal Censure

Author: Antje du Bois-Pedain

Publisher: Bloomsbury Publishing

Published: 2019-04-04

Total Pages: 539

ISBN-13: 1509919791

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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.

The Ethics of Proportionate Punishment
The Ethics of Proportionate Punishment

Author: Jesper Ryberg

Publisher: Springer Science & Business Media

Published: 2007-11-10

Total Pages: 225

ISBN-13: 1402025548

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The philosophical discussion of state punishment is well on in years. In contrast with a large number of ethical problems which are concerned with right and wrong in relation to a narrowly specified area of human life and practice and which hav- at least since the early 70’s - been regarded as a legitimate part of philosophical thinking constituting the area of applied ethics, reflections on punishment can be traced much further back in the history of western philosophy. This is not surprising. That the stately mandated infliction of death, suffering, or deprivation on citizens should be met with hesitation - from which ethical reflections may depar- seems obvious. Such a practice certainly calls for some persuasive justification. It is therefore natural that reflective minds have for a long time devoted attention to punishment and that the question of how a penal system can be justified has constituted the central question in philosophical discussion. Though it would certainly be an exaggeration to claim that the justification question is the only aspect of punishment with which philosophers have been concerned, there has in most periods been a clear tendency to regard this as the cardinal issue. Comparatively much less attention has been devoted to the more precise questions of how, and how much, criminals should be punished for their respective wrong-doings. This may, of course, be due to several reasons.

Promoting Human Rights in Burma
Promoting Human Rights in Burma

Author: Morten B. Pedersen

Publisher: Rowman & Littlefield

Published: 2008

Total Pages: 320

ISBN-13: 9780742555594

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Since 1988, when Burma's military rulers crushed a popular uprising, Western governments have promoted democracy as a panacea for the country's manifold development problems, from ethnic conflict to weak governance, human rights abuses, and deep-rooted, structural poverty. Years of escalating censure and sanctions, however, have left the military firmly entrenched in power, the opposition marginalized, and the general population suffering from deepening poverty. In the first book-length study of Western human rights policy in Burma, Morten B. Pedersen argues that Western democracy rhetoric has not supplied the solution to these problems. Each year, Burma's human and natural resources are further eroding, the HIV/AIDS epidemic is mounting, and the prospect of turning the situation around is becoming less and less likely. Based on extensive field research, Promoting Human Rights in Burma proposes an alternative model of "critical engagement" that emphasizes more pragmatic efforts to help bring a deeply divided society together and promote socioeconomic development as the basis for longer-term political change. Although the focus is squarely on Burma, the fallacies in Western policy thinking that this case study reveals, as well as the alternative policy framework it offers, have wider relevance for other poor, conflict-ridden countries on the periphery of the global political and economic system.

Sentencing Law and Policy
Sentencing Law and Policy

Author: Nora V. Demleitner

Publisher:

Published: 2004

Total Pages: 858

ISBN-13:

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Four leading sentencing scholars have produced the first and only text with enough up-to-date material to support a full course or seminar on sentencing. Other texts offer only partial coverage or out-of-date examples. The chapters in Sentencing Law and Policy: Cases, Statutes, and Guidelines present examples from three distinct types of sentencing guideline-determinate, and capital. The materials draw on the full spectrum of legal institutions, from the U.S. Supreme Court To The state court level, with close consideration of the role of legislatures and sentencing commissions. The only current, full-course text on sentencing, this new title offers: an 'intuitive', conceptually-based organization that looks at the essential substantative components and procedural steps following the sequence of decisions that typically occurs in every criminal sentencing examples covering three distinct areas of sentencing, with chapter materials based on guideline-determinate, indeterminate, and capital sentencing materials from a range of institutions, including decision from the U.S. Supreme Court, state high courts, federal appellate courts, and some foreign jurisdictions - along with statutes and guideline provisions, and reports from various sentencing commissions and agencies in-text notes on sentencing policies that explain common practices in U.S. jurisdictions, then ask students to compare different institutional practices and consider the relationship between sentencing rules, politics, And The broader aims of criminal justice

Crime, Shame and Reintegration
Crime, Shame and Reintegration

Author: John Braithwaite

Publisher: Cambridge University Press

Published: 1989-03-23

Total Pages: 242

ISBN-13: 9780521356688

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Crime, Shame and Reintegration is a contribution to general criminological theory. Its approach is as relevant to professional burglary as to episodic delinquency or white collar crime. Braithwaite argues that some societies have higher crime rates than others because of their different processes of shaming wrongdoing. Shaming can be counterproductive, making crime problems worse. But when shaming is done within a cultural context of respect for the offender, it can be an extraordinarily powerful, efficient and just form of social control. Braithwaite identifies the social conditions for such successful shaming. If his theory is right, radically different criminal justice policies are needed - a shift away from punitive social control toward greater emphasis on moralizing social control. This book will be of interest not only to criminologists and sociologists, but to those in law, public administration and politics who are concerned with social policy and social issues.

The Iran Primer
The Iran Primer

Author: Robin B. Wright

Publisher: US Institute of Peace Press

Published: 2010

Total Pages: 282

ISBN-13: 1601270844

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A comprehensive but concise overview of Iran's politics, economy, military, foreign policy, and nuclear program. The volume chronicles U.S.-Iran relations under six American presidents and probes five options for dealing with Iran. Organized thematically, this book provides top-level briefings by 50 top experts on Iran (both Iranian and Western authors) and is a practical and accessible "go-to" resource for practitioners, policymakers, academics, and students, as well as a fascinating wealth of information for anyone interested in understanding Iran's pivotal role in world politics.