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In this Very Short Introduction Julian V. Roberts identifies the principal objectives of the criminal justice system and the way in which it works around the world. Analysing a number of case studies about a wide variety of issues, including court processes, sentencing, and prison life, he draws upon the latest research and practice.
How do sentencing guidelines affect judicial practice? Can public opinion influence the development of these guidelines and what role does the victim have? How do barristers use the guidelines in practice? These questions and more are addressed in this volume examining the English sentencing guidelines and how they function.
Although criminal justice systems vary greatly around the world, one theme has emerged in all western jurisdictions in recent years: a rise in both the rhetoric and practice of severe punishment at a time when public opinion has played a pivotal role in sentencing policy and reforms. Despite the differences among jurisdictions, startling commonalities exist among the five countries-the U.K., USA, Canada, Australia, and New Zealand--surveyed here. Drawing on the results of representative opinion surveys and other research tools the authors map public attitudes towards crime and punishment across countries and explore the congruence between public views and actual policies. Co-authored by four distinguished sentencing policy experts, Penal Populism and Public Opinion is a clarion call for limiting the influence of penal populism and instituting more informed, research- based sentencing policies across the western world.
This volume celebrates the achievements of Julian V Roberts KC (Hon), Emeritus Professor of Criminology at the University of Oxford, over 40 years of scholarship. To mark his extraordinary influence on sentencing and criminal justice on the global stage, a distinguished group of authors present a collection of themed essays in his honour.
This innovative volume explores a fundamental issue in the field of sentencing: the factors which make a sentence more or less severe. All sentencing systems allow courts discretion to consider mitigating and aggravating factors, and many legislatures have placed a number of such factors on a statutory footing. Yet many questions remain regarding the theory and practice of mitigation and aggravation. Drawing on legal and sociological perspectives and examining mitigation and aggravation in various jurisdictions, the essays provide practical illustrations of specific factors as well as theoretical justifications. After the foreword by Andrew von Hirsch, a number of contributors address broad conceptual issues raised at sentencing. These contributions are followed by several empirical chapters including an exploration of personal mitigation in English courts. The authors are leading scholars from a range of common law jurisdictions including England and Wales, the United States, Canada, Australia, New Zealand and South Africa.
Which factors shape public opinion of criminal justice? How do the views of the public influence criminal justice policy and practice? This book provides an introduction to public attitudes towards criminal justice. It explores the public’s lack of confidence in criminal justice processes, and summarizes findings on public attitudes towards the three principal components of the criminal process: the police, the courts, and the prison system. It examines the importance that people attach to different criminal justice functions, such as preventing crime, prosecuting and punishing offenders, and protecting the public. Topics include: Youth justice and public opinion Public perception of resto...
This new, third edition of Principled Sentencing offers students of law, legal philosophy, criminology and criminal justice a wide-ranging selection of the leading scholarship on contemporary sentencing. The volume offers readers critical readings relating to the key moral, philosophical and policy issues in sentencing today. It contains many new readings on subjects that have recently emerged and which have consequences for sentencing in many jurisdictions. The contents of each chapter consists of a selection of readings, some very recent, some more timeless - but each in its own way important to the field. As before, each chapter begins with an introduction by one of the editors accompanied by a selection of further readings. All the chapters have been substantially revised, as have the editorial introductions.
Throughout the western world public opinion has played an important role in shaping criminal justice policy. At the same time opinion polls repeatedly demonstrate that the public knows little about crime and justice, and holds negative views of the criminal justice system. This book, consisting of chapters from leading authorities in the field, is concerned to address this problem, and draws upon research in a number of different countries to address the issues arising from this state of affairs. Its main aims are: to explore the changing and evolving nature of public attitudes to sentencing to examine the factors that influence public opinion and to bring together recent international research which has demonstrated ways in which public attitudes can be changed to propose specific strategies to respond to the crisis in public confidence in criminal justice.
This latest volume in the Penal Theory and Penal Ethics series addresses one of the oldestquestions in the field of criminal sentencing: should an offender's previous convictions affect the sentence? 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 first collective work devoted exclusively to the ethical and penal theoretical considerations of the use of artificial intelligence at sentencing Is it morally acceptable to use artificial intelligence (AI) in the determination of sentences on those who have broken the law? If so, how should such algorithms be used--and what are the consequences? Jesper Ryberg and Julian V. Roberts bring together leading experts to answer these questions. Sentencing and Artificial Intelligence investigates to what extent, and under which conditions, justice and the social good may be promoted by allocating parts of the most important task of the criminal court--that of determining legal punishment--to co...