Sentencing in a Rational Society
Author | : Nigel Walker |
Publisher | : Lane, Allen |
Total Pages | : 268 |
Release | : 1969 |
Genre | : Social Science |
ISBN | : |
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Author | : Nigel Walker |
Publisher | : Lane, Allen |
Total Pages | : 268 |
Release | : 1969 |
Genre | : Social Science |
ISBN | : |
Author | : Mirko Bageric |
Publisher | : Cavendish Publishing |
Total Pages | : 329 |
Release | : 2001-07 |
Genre | : Law |
ISBN | : 1843142465 |
Sentencing is the most important area of law, yet ironically, it is also arguably the least coherent. This book suggests a way of introducing principle into sentencing by bridging the gap between the philosophical justification for punishment and sentencing law and practice.
Author | : Norval Morris |
Publisher | : Oxford University Press |
Total Pages | : 294 |
Release | : 1991-09-12 |
Genre | : Social Science |
ISBN | : 0195361199 |
Across the country prisons are jammed to capacity and, in extreme cases, barges and mobile homes are used to stem the overflow. Probation officers in some cities have caseloads of 200 and more--hardly a manageable number of offenders to track and supervise. And with about one million people in prison and jail, and two and a half million on probation, it is clear we are experiencing a crisis in our penal system. In Between Prison and Probation, Norval Morris and Michael Tonry, two of the nation's leading criminologists, offer an important and timely strategy for alleviating these problems. They argue that our overwhelmed corrections system cannot cope with the flow of convicted offenders because the two extremes of punishment--imprisonment and probation--are both used excessively, with a near-vacuum of useful punishments in between. Morris and Tonry propose instead a comprehensive program that relies on a range of punishment including fines and other financial sanctions, community service, house arrest, intensive probation, closely supervised treatment programs for drugs, alcohol and mental illness, and electronic monitoring of movement. Used in rational combinations, these "intermediate" punishments would better serve the community than our present polarized choice. Serious consideration of these punishments has been hindered by the widespread perception that they are therapeutic rather than punitive. The reality, however, Morris and Tonry argue, "is that the American criminal justice system is both too severe and too lenient--almost randomly." Systematically implemented and rigorously enforced, intermediate punishments can "better and more economically serve the community, the victim, and the criminal than the prison terms and probation orders they supplant." Between Prison and Probation goes beyond mere advocacy of an increasing use of intermediate punishments; the book also addresses the difficult task of fitting these punishments into a comprehensive, fair and community-protective sentencing system.
Author | : Katja Franko Aas |
Publisher | : Routledge |
Total Pages | : 218 |
Release | : 2005-02-25 |
Genre | : Law |
ISBN | : 1135309760 |
How does the fact that we live in information societies reflect on the nature of penal discourse and practice? Applying media and communication studies to sentencing and penal culture, Kate Franko Aas offers a lucid and innovative account of how punishment is adjusting to a new cultural climate marked by growing demands for information processing, transparency and accountability. This significant book explores a number of recent penal developments, such as risk assessment instruments, sentencing guidelines and computerized sentencing information systems, and argues that they are instruments of justice with so-called Macintosh traits, offering pre-programmed answers and solutions. Franko Aas touches upon issues of decision-making at-a-distance, the exercise of discretion, databases, disembodiment and the changing nature of subjectivity. She explores information technology as a cultural environment with profound implications for the nature of penal knowledge, governance and identity constitution. Sentencing in the Age of Information is essential reading for scholars and students interested in sentencing, penal culture, criminology, sociology of law and media and communication studies. Joint winner of the 2006 Hart/Socio-Legal Studies Association Book Prize.
Author | : Jeffery T. Ulmer |
Publisher | : SUNY Press |
Total Pages | : 252 |
Release | : 1997-07-31 |
Genre | : Social Science |
ISBN | : 9780791434987 |
Combines quantitative and qualitative data in a careful investigation of sentencing processes and context under Pennsylvania's sentencing guidelines.
Author | : Michael R. Gottfredson |
Publisher | : Springer Science & Business Media |
Total Pages | : 344 |
Release | : 1987-11-30 |
Genre | : Social Science |
ISBN | : 9780306425257 |
The study of decisions in the criminal justice process provides a useful focus for the examination of many fundamental aspects of criminal jus tice. These decisions are not always highly visible. They are made, or dinarily, within wide areas of discretion. The aims of the decisions are not always clear, and, indeed, the principal objectives of these decisions are often the subject of much debate. Usually they are not guided by explicit decision policies. Often the participants are unable to verbalize the basis for the selection of decision alternatives. Adequate information for the decisions is usually unavailable. Rarely can the decisions be demonstrated to be rational. By a rationaldecision we mean "that decision among those possible for the decisionmaker which, in the light of the information available, maximizes the probability of the achievement of the purpose of the decisionmaker in that specific and particular case" (Wilkins, 1974a: 70; also 1969). This definition, which stems from statistical decision theory, points to three fundamental characteristics of decisions. First, it is as sumed that a choice of possible decisions (or, more precisely, of possible alternatives) is available. If only one choice is possible, there is no de cision problem, and the question of rationality does not arise. Usually, of course, there will be a choice, even if the alternative is to decide not to decide-a choice that, of course, often has profound consequences.
Author | : Cyrus Tata |
Publisher | : Routledge |
Total Pages | : 630 |
Release | : 2020-06-30 |
Genre | : |
ISBN | : 9780367604714 |
Combining the latest work of leading sentencing and punishment scholars from twelve different countries, this major new international volume answers key questions in the study of sentencing and society. It presents not only a rigorous examination of the latest legal and empirical research from around the world, but also reveals the workings of sentencing within society and as a social practice. Traditionally, work in the field of sentencing has been dominated by legal and philosophical approaches. Distinctively, this volume provides a more sociological approach to sentencing: so allowing previously unanswered questions to be addressed and new questions to be opened. This extensive collection is drawn from around one third of the papers presented at the First International Conference on Sentencing and Society. Almost without exception, the chapters have been revised, cross-referenced and updated. The overall themes and findings of the international volume are set out by the opening Introduction and the closing Reflections chapters. Research findings on particular penal policy questions are balanced with an analysis of fundamental conceptual issues, making this international volume essential reading for: sentencing and punishment scholars, criminal justice policy-makers, and graduate students.
Author | : Nigel Walker |
Publisher | : Oxford University Press, USA |
Total Pages | : 192 |
Release | : 1991 |
Genre | : Language Arts & Disciplines |
ISBN | : |
Examining justifications for punishment, this book reviews the classical utilitarian approach as well as the modern retributive theory. The author covers the realities of sentencing together with fundamental concerns, including such aspects as remorse and forgiveness and the humanitarian movement.
Author | : Cyrus Tata |
Publisher | : Springer Nature |
Total Pages | : 187 |
Release | : 2019-12-28 |
Genre | : Social Science |
ISBN | : 3030010600 |
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.
Author | : Mirko Bageric |
Publisher | : Routledge |
Total Pages | : 569 |
Release | : 2001-07-01 |
Genre | : Law |
ISBN | : 1135339791 |
First published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.