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Making Sense of Sentencing
On 3 September 1996, Bill C-41 was proclaimed in force, initiating one significant step in the reform of sentencing and parole in Canada. This is the first book that, in addition to providing an overview of the law, effectively presents a sociological analysis of the legal reforms and their ramifications in this controversial area. The commissioned essays in this collection cover such crucial issues as options and alternatives in sentencing, patterns revealed by recent statistics, sentencing of minority groups, Bill C-41 and its effects, conditional sentencing, and the structure and relationship between parole and sentencing are clearly presented. An introduction, editorial comments beginning each chapter, and a concluding chapter draw the essays together resulting in a timely, comprehensive and extremely readable work on this critical topic. Broad in scope and perspective, this major new socio-legal study of the law of sentencing will be illuminating to students, members of the legal profession, and the general reader.
Canadiana
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'Will the Circle be Unbroken?'
Embraced with zeal by a wide array of activists and policymakers, the restorative justice movement has made promises to reduce the disproportionate rates of Aboriginal involvement in crime and the criminal justice system and to offer a healing model suitable to Aboriginal communities. Such promises should be the focus of considerable critical analysis and evaluation, yet this kind of scrutiny has largely been absent. 'Will the Circle be Unbroken?' explores and confronts the potential and pitfalls of restorative justice, offering a much-needed critical perspective. Drawing on their shared experiences working with Aboriginal communities, Jane Dickson-Gilmore and Carol LaPrairie examine the out...
Beverley McLachlin
As a judge, Beverley McLachlin has had an unequalled impact on Canadian life. She stands out for her unique ability to stand up for the values and beliefs that reflect the best of Canada and Canadians. As chief justice, she led the way to assisted suicide legislation, far greater recognition of aboriginal rights and title, allowing safe injection sites for drug users and many other changes that have had a dramatic impact on Canadian life. Less well known is her work to modify the way the Supreme Court judges work together to emphasize collegiality and to encourage judges on the court to pay closer attention to real-world information about the issues they are considering. Her courageous actio...
Judicial Independence
This study discusses the many different aspects of judicial independence in Israel. It begins with an historical analysis of the concept of judicial independence in a comparative perspective, emphasizing the conceptual roots of the judiciary in Jewish law. Recent decades have witnessed a marked increase in the role played by the judiciary in society. This general trend is apparent in Israel, where the highly significant social role played by the judiciary has been on the increase for some years. The constitutional role of the judiciary in society is more pronounced in countries where the courts are empowered to review the constitutionality of legislative acts. In Israel the power of judicial review, in decisions of the Supreme Court, has been applied in a number of cases in which legislation of the Israeli Parliament, the Knesset, has been set aside. The increasingly prominent role of the judiciary in Israel is further manifested by the frequent recourse to judicial commissions of inquiry, chaired by judges who are often called upon to examine some of the major public controversies.
Reaching Further
This edited collection brings together a selection of papers originally presented at the Legal Services Research Centre's seventh international research conference held at the Royal Naval Academy, Greenwich, London, 18 - 20 June 2008. The papers, drawn from three continents, shed light on how major legal aid jusrisdictions are facing the challenge of providing, shaping and extending the reach of legal aid in the face of increasing pressure on resources. The papers give an insight into the role of research in the development of legal aid and are linked in their focus on innovations: from schemes to encourage the next generation of legal aid lawyers, to services built around needs of users and communities, to methods for ensuring quality of services and mechanisms to deliver services for, and engage, "hard-to-reach" and disadvantaged groups.
Handbook of Restorative Justice
Handbook of Restorative Justice is a collection of original, cutting-edge essays that offer an insightful and critical assessment of the theory, principles and practices of restorative justice around the globe. This much-awaited volume is a response to the cry of students, scholars and practitioners of restorative justice, for a comprehensive resource about a practice that is radically transforming the way the human community responds to loss, trauma and harm. Its diverse essays not only explore the various methods of responding nonviolently to harms-done by persons, groups, global corporations and nation-states, but also examine the dimensions of restorative justice in relation to criminology, victimology, traumatology and feminist studies. In addition. They contain prescriptions for how communities might re-structure their family, school and workplace life according to restorative values. This Handbook is an essential tool for every serious student of criminal, social and restorative justice.
Developing Restorative Justice Jurisprudence
What are the requirements for a just response to criminal wrongdoing? Drawing on comparative and empirical analysis of existing models of global practice, this book offers an approach aimed at restricting the current limitations of criminal justice process and addressing the current deficiencies. Putting restoration squarely alongside other aims of justice responses, the author argues that only when restorative questions are taken into account can institutional responses be truly said to be just. Using the three primary jurisdictions of Australia, New Zealand and Canada, the book presents the leading examples of restorative justice practices incorporated in mainstream criminal justice systems from around the world. In conclusion, the work provides a fresh insight into how today’s criminal law might develop in order to bring restoration directly into the mix for tomorrow. This book will be of interest to undergraduates, postgraduate researchers and lecturers, as well as lawyers who work in the field of criminal law, criminologists, social scientists and philosophers interested in ideas of wrongdoing and criminal justice responses to criminal offending.
The Third Branch
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