Fundamentals of Sentencing Theory: Essays in Honour of Andrew Von HirschAndrew Ashworth, Martin Wasik Clarendon Press, 1998 - 300 strani The Oxford Monographs On Criminal Law And Justice series aims to cover all aspects of criminal law and procedure including criminal evidence. the scope of the series is wide, encompassing both practical and theoretical works. Series Editor: Professor Andrew Ashworth, Vinerian Professor of English Law, All Souls College, Oxford. This volume is a thematic collection of essays on sentencing theory by leading writers. The essays fall into three groups. Part I considers the underlying justifications for the imposition of punishment by the State, and examines the relationship between victims, offenders and the State. Part II addresses a number of areas of sentencing policy that have given rise to particular difficulty, such as the sentencing of drug offenders, the rationale for discounting sentences for multiple offenders, the existence of special sentencing for young offenders, and cases where the injury done to the victim is of a different magnitude from what might have been expected. Part III raises various questions about the unequal impact on offenders of different sentencing measures, and examines the extent to which sentences should be adjusted to take account of these different impacts and of broader social inequalities. This volume is dedicated to Professor Andrew von Hirsch, whose continuing work on sentencing theory provided the stimulus for the collection. |
Vsebina
The Problem of | 11 |
in Proportion and in Perspective | 31 |
Five Puzzles in von Hirschs Theory of Punishment 3333 | 53 |
Crime Seriousness and the OffenderVictim Relationship | 103 |
Why Bulk Discounts in Multiple Offence Sentencing? | 129 |
Dangerousness and Citizenship | 141 |
Sentencing Young Offenders | 165 |
Desert Proportionality and the Seriousness | 187 |
Doing Justice to Difference | 223 |
Sentencing Equal Treatment and the Impact | 251 |
The Hardness of Hard Treatment | 273 |
299 | |
Pogosti izrazi in povedi
action Andrew Ashworth Andrew von Hirsch Antony Duff approach appropriate argued argument Ashworth assess black offenders blameworthiness burglary Censure and Sanctions committed concern consequentialist context convicted courts Cr.App.R crime criminal justice system criminal law Criminology custodial dangerous defendant desert theory discrimination discussion drug offences drug possession Duff Eighth Amendment example factors H. L. A. Hart hard treatment Home Office human Ibid impact imposed imprisonment inchoate offence individual inhumane inmates involved issue J. R. Lucas Jareborg judgement justified kind Law Review less ment moral offence of drug offender's ordinal proportionality parents particular penal penalties person practice prevent principle of proportionality prison probation order problem punitive Puzzle question rational reason relevant requires respect responsibility risk sentencing system sentencing theory serious social standard suffering suggest tencing theorists theory of punishment tion vulnerable victim women wrong young offenders
Navedki za to knjigo
The Ethics of Proportionate Punishment: A Critical Investigation Jesper Ryberg Omejen predogled - 2007 |