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Presents the various information used to impose a sentence, difficulties judges face due to mandatory sentencing laws, and the history of sentencing.

This book describes an original, empirical study of judicial decision making. The process of determining sentences is a difficult one for judges and often unnecessarily intuitive, subjective, and complex. The present study introduces a conceptual outline and empirical technique for increasing the precision of sentencing policy, thus offering an aid to judges who sentence in the light of this policy. The primary purpose of this model of judicial decision making is to provide a framework for scaling the seriousness of any single case in relation to the facts of that case and for relating this assessment to the appropriate quantum of sentence. The validity of the model is tested and cross-validated in an archival study. This innovative research serves as an important prototype for a system of numerical guidance to judges and sentencers.

Public outcries and political platforms based on misinformation and misconceptions about the criminal justice system and current sentencing practice occur all too often in democratic societies. Penal Populism, Sentencing Councils and Sentencing Policy attempts to address this problem by bringing together important contributions from a number of distinguished experts in the field.Penal Populism presents theoretical perspectives on the role of the public in the development of sentencing policy. It places particular emphasis on the emerging role of sentencing commissions, advisory councils or panels in a number of English speaking countries: Australia, New Zealand, the United States, the United Kingdom, Scotland and South Africa.The book explains, expands and develops the existing literature that looks at public attitudes to justice and the role that the 'public' can play in influencing policy. Written in a scholarly yet accessible style, Penal Populism asks the critical questions: should 'public opinion', or preferably, 'public judgment' be relevant to court decision-making, to institutional decision-making and to the political process? And if so, how?

Product Description: This volume brings together a collection of articles on penal reform in the United States, Europe, Japan, and other English-speaking countries. Unique and wide-ranging, the volume provides material on penal policy development and research and presents an international, comparative focus...read more (view table of contents, read Amazon.com's description)

This book addresses one of the oldest and most contested questions in the field of criminal sentencing: Should an offender's previous convictions affect the sentence, and how? As well, this question provokes a series of others: Is it possible to justify a discount for first offenders within a retributive sentencing framework? How should previous convictions enter into the sentencing equation? At what point should prior misconduct cease to count for the purposes of fresh sentencing? Should similar previous convictions count more than convictions unrelated to the current offense? Statutory sentencing regimes around the world incorporate provisions which mandate harsher treatment of repeat offenders. 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. The practice of sentencing repeat offenders in two jurisdictions - England/Wales and Sweden - is also examined in detail. This book is invaluable reading for members of the criminal bar and academics who teach the law of evidence.

A collection of extracts on sentencing philosophy and policy. This edition includes three new chapters on restorative justice, law and order perspectives and postmodernist perspectives. Each chapter has an introduction and bibliography, all of which have been revised and updated.

Product Description: This philosophical work on punishment includes coverage of retributivisms, moral education and reform, consequentialism and rights, sentencing and how to make the punishment fit the crime, abolitionism and sociological perspectives.

Does an offender have the right to be punished? "The right to be punished" may sound like an oxymoron, but it is not necessarily so. With the emergence of modern criminal law, the offender gained the right to be punished by rational criminal law rather than being lynched by an angry mob. The present-day offender may have the right to be punished by doctrinal sentencing rather than being subjected to verdicts based on vague, unclear, and uncertain principles. In modern criminal law, the imposition of criminal liability follows accurate and strict rules, whereas there are no similar rules for the imposition of punishment. The process of sentencing is vague and obscure, as are the considerations used for the imposition of punishments. The objective of the present book is to propose a comprehensive, general, and legally sophisticated theory of modern doctrinal sentencing. The challenges of such a legal theory are plenty and complex. In addition to increasing clarity and certainty, modern doctrinal sentencing must deal with modern types of delinquency (e.g. organized crime, recidivism, corporate offenders, high-tech offenses, etc.) and modern principles of criminal law. Modern doctrinal sentencing must serve to ensure optimal sentencing.

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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.

Sentencing policies and reform have become critical issues across the nation as the public has become increasingly concerned about crime, prompting changes such as the three strikes and you re out legislation. Every state since 1980 has enacted laws mandating minimum prison sentences based on the premises that harsher penalties will reduce crime rates and that judges cannot otherwise be trusted to impose them. Modern laws often tell judges what sentence to impose rather than set boundaries within which sentencing choices are to be made. Yet the effectiveness of these reforms has not been shown. As the national incarceration rate surges, there needs to be new discussion of the nature, purpose, and effects of current and contemplated sentencing policies. In Sentencing Matters, Michael Tonry, an internationally recognized authority in the field, offers a comprehensive overview of research, policy developments and practical experience concerning sentencing and sanctions. He examines the effects of increased penalties and whether America has become a safer place as a result. Tonry contends that in order for sentencing to be fair and effective, comprehensive and defensible policies must be in place and mechanisms must exist to implement those policies. He also looks at mandatory penalties, community sanctions, and sentencing changes in other countries, and proposes sentencing policies for the twenty-first century. Sentencing has been going through reform for a quarter century, yet the political debates on the subject have changed remarkably little. By offering a comprehensive survey of new developments in research and policy, Sentencing Matters is certain to spark fresh debate on this divisive issue. It will be of great interest to lawyers, criminologists, judges, policy makers, and others concerned with the problem of crime and what to do about it. (view table of contents)

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