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Day fines, as a pecuniary sanction, have a great potential to reduce inequality in the criminal sentencing system, as they impose the same relative punishment on all offenders irrespective of their income. Furthermore, with correct implementation, they can constitute an alternative sanction to the more repressive and not always efficient short-term prison sentences. Finally, by independently expressing in the sentence the severity and the income of the offender, day fines can increase uniformity and transparency of sentencing. Having this in mind, almost half of the European Union countries have adopted day fines in their criminal justice system. For the first time, this book makes their findings accessible to a wider international audience. Aimed at scholars, policy makers and criminal law practitioners, it provides an opportunity to learn about the theoretical advantages, the practical challenges, the successes and failures, and ways to improve.
The first comprehensive analysis of income-dependent fines (day fines), which can improve criminal sentencing by reducing inequality and short-term imprisonment.
In a Box draws on the experiences of more than one hundred Michigan women on probation or parole to analyze how court, state, and federal policies hamper the state’s efforts at gender-responsive reforms in community supervision. Closely narrating the stories of six of these women, Merry Morash shows how countervailing influences keep reform-oriented probation and parole agents and the women they supervise “in a box.” Supervisory approaches that attempt to move away from punitive frameworks are limited or blocked by neoliberal social policies. Inspired by the interviewees’ reflections on their own experiences, the book offers recommendations for truly effective reforms within and outside the justice system.
Robson Crim is housed in Robson Hall, one of Canada's oldest law schools. Robson Crim has transformed into a Canada wide research hub in criminal law, with blog contributions from coast to coast, and from outside of this nation's borders. With over 30 academic peer collaborators at Canada's top law schools, Robson Crim is bringing leading criminal law research and writing to the reader. We also annually publish a special edition criminal law volume of the Manitoba Law Journal, providing a chance for authors to enter the peer reviewed fray. The Journal has ranked in the top 0.1 percent on Academia.edu and is widely used. This issue has articles from a variety of contributing authors.
This book addresses the wave of innovation and reforms that has been called the nudge or behavioural public policy agenda, which has emerged in many countries since the mid-2000s. Nudge involves developing behavioural insights to solve complex policy problems, such as unemployment, obesity and the environment, as well as improving the delivery of policies by reforming standard operating procedures. It reviews the changes that have taken place, in particular the greater use of randomised evaluations, and discusses how far nudge can be used more generally in the policy process. The book argues that nudge has a radical future if it develops a more bottom up approach involving greater feedback and more engagement with citizens.
Goran Dominioni argues that research in behavioral economics, psychology, and neurosciences can offer novel insights on whether court decisions are accurate, non-discriminatory, and maximize social welfare. The author also shows that insights from these areas of research can help to improve trial outcomes if carefully applied to craft trial rules and practices. He covers central themes in behavioral law and economics, such as implicit racial biases, the fundamental attribution error, and gender-related biases.
Criminal law as public law 1: context -- Criminal law as public law 2: structure -- Criminal law as public law 3: content -- Mass incarceration and the theory of punishment -- Criminal law in the age of the administrative state -- Formalism and pragmatism in criminal procedure -- Responsibility without resentment
This volume offers a comprehensive evaluation of the concept of global order, with a particular emphasis on the role of regional organisations within global governance institutions such as the United Nations. Building from a solid theoretical base it draws upon the expertise of numerous leading international scholars offering a broad array of timely and relevant case studies. These all take into consideration the historical setting, before analysing the contemporary situation and offering suggestions for potential realignments and readjustments that may be witnessed in the future. The volume adopts an interdisciplinary approach when addressing some of the most pressing issues of global governance which our global community must tackle. This presents the readers an opportunity to understand related topics such as political economy, international law, institutions of global governance, in conjunction with the academic field of International Relations (IR). It further helps students and interested readers understand the theoretical and practical foundations to the changing nature of global affairs.
These are momentous times for the comparative analysis of judicial behaviour. Once the sole province of U.S. scholars—and mostly political scientists at that—now, researchers throughout the world, drawing on history, economics, law, and psychology, are illuminating how and why judges make the choices they do and what effect those choices have on society. Bringing together leading scholars in the field, The Oxford Handbook of Comparative Judicial Behaviour consists of ten sections, each devoted to important subfields: fundamentals—providing overviews designed to identify common trends in courts worldwide; approaches to judging; data, methods, and technologies; staffing the courts; advoc...
Scholars from political science and law examine the latest research on the constitutionalization of politics in comparative perspective. The scope includes both inter- country and intra- country perspectives, institutional and systemic analyses, common and civil law systems, focusing on historical and contemporary case studies. There are chapters limited to a concrete legal and political system, analyzing the tools and processes guarding constitutionalization of politics in such countries as the United States, Germany, France, Italy, Poland, Finland, and Bulgaria, as well as studies offering comparative analysis of various institutions representing different countries and different legal and...