Principled Sentencing de Andreas von Hirsch

Principled Sentencing: Readings on Theory and Policy

Andreas von Hirsch

Andrew Ashworth

Julian V Roberts

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.

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Notă biografică

Andrew Ashworth, KC, DCL, FBA is the Vinerian Professor of English Law at the University of Oxford and a Fellow of All Souls College.Andrew von Hirsch is Honorary Professor of Penal Theory and Penal Law at the University of Cambridge and an Honorary Fellow of Wolfson College.Julian Roberts is Professor of Criminology at the University of Oxford and a Fellow of Worcester College.

Cuprins

Chapter 1: Rehabilitation 1.1 The Decline of the Rehabilitative Ideal Francis A Allen1.2 Empirical Research Relevant to Sentencing Frameworks:Reform and Rehabilitation Anthony Bottoms1.3 Assessing the Research on 'What Works' Peter Raynor1.4 Reaffirming Rehabilitation Francis T Cullen and Karen E Gilbert1.5 Should Penal Rehabilitationism Be Revived? Andrew von Hirsch and Lisa MaherChapter 2: Deterrence 2.1 Studies of the Impact of New Harsh Sentencing Regimes AN Doob and CM Webster2.2 Punishment and Deterrence Jeremy Bentham2.3 Deterrent Sentencing as a Crime Prevention Strategy Andrew von Hirsch, Anthony E Bottoms, Elizabeth Burney and Per-Olot Wikström2.4 Optimal Sanctions: Any Upper Limits? Richard Posner2.5 Offenders' Thought Processes AN Doob and CM WebsterChapter 3: Incapacitation 3.1 Incapacitation and "Vivid Danger" AE Bottoms and Roger Brownsword3.2 Extending Sentences for Dangerousness: Reflections on the Bottoms-Brownsword Model Andrew von Hirsch and Andrew Ashworth3.3 Incapacitation Within Limits Norval Morris3.4 Predictive Sentencing and Selective Incapacitation Andrew von Hirsch and Lila KazemianChapter 4: Desert 4.1 The Moral Worth of Retribution Michael S Moore4.2 Proportionate Sentences: a Desert Perspective Andrew von Hirsch4.3 Punishment, Retribution and Communication RA Duff4.4 Limiting Retributivism Richard S Frase4.5 Seriousness, Severity and the Living Standard Andrew von Hirsch4.6 The Recidivist Premium: For and Against Julian V Roberts and Andrew von HirschChapter 5: Restorative Justice 5.1 Conflicts as Property Nils Christie5.2 Restoration and Retribution RA Duff5.3 Reparation and Retribution: Are They Reconcilable? Lucia Zedner5.4 Normative Constraints: Principles of Penality Jim Dignan5.5 Restorative Justice: An Alternative to Punishment or an Alternative Form of Punishment? Gerry Johnstone5.6 Specifying Aims and Limits for Restorative Justice: A 'Making Amends' Model? Andrew von Hirsch, Andrew Ashworth and Clifford Shearing5.7 The Limits of Restorative Justice Kathleen DalyChapter 6: Structuring Sentencing Discretion 6.1 Lawlessness in Sentencing Marvin Frankel6.2 Techniques for Reducing Sentence Disparity Andrew Ashworth6.3 The Swedish Sentencing Law Andrew von Hirsch and Nils Jareborg6.4 Sentencing Policy Development under the Minnesota Sentencing Guidelines Richard S Frase6.5 Institutional Consistency: Appeal Court Judgements Cyrus Tata6.6 Criticisms of Mandatory Minimums Cassia Spohn6.7 Sentencing Information System (SIS) Experiments Marc MillerChapter 7: Sentencing Young Offenders 7.1 United Nations Standard Minimum Rules for the Administration of Juvenile Justice ("The Beijing Rules") 7.2 United Nations Convention on the Rights of the Child 7.3 Rationales for Distinctive Penal Policies for Youth Offenders Franklin E Zimring7.4 Reduced Penalties for Juveniles: the Normative Dimension Andrew von Hirsch7.5 The Transformation of the American Juvenile Court Barry C Feld7.6 Restraining the Use of Custody for Young Offenders: The Canadian Approach Nicholas Bala and Julian V RobertsChapter 8: Doing Justice to Difference: Diversity and Sentencing 8.1 Abandoning Sentence Discounts for Guilty Pleas Michael Tonry8.2 Individualizing Punishments Michael Tonry8.3 Hanging Judges and Wayward Mechanics: Reply to Michael Tonry Ian Brownlee8.4 Justice and Difference Barbara A Hudson