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Remorse, Penal Theory and Sentencing

Autor Hannah Maslen
en Limba Engleză Paperback – 28 iun 2017
This monograph addresses a contested but under-discussed question in the field of criminal sentencing: should an offender's remorse affect the sentence he or she receives? Answering this question involves tackling a series of others: is it possible to justify mitigation for remorse within a retributive sentencing framework? Precisely how should remorse enter into the sentencing equation? How should the mitigating weight of remorse interact with other aggravating and mitigating factors? Are there some offence or offender characteristics that preclude remorse-based mitigation? Remorse is recognised as a legitimate mitigating factor in many sentencing regimes around the world, with powerful effects on sentence severity. Although there has been some discussion of whether this practice can be justified within the literature on sentencing and penal theory, this monograph provides the first comprehensive and in-depth study of possible theoretical justifications. Whilst the emphasis here is on theoretical justification, the monograph also offers analysis of how normative conclusions would play out in the broader context of sentencing decisions and the guidance intended to structure them. The conclusions reached have relevance for sentencing systems around the world.
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Specificații

ISBN-13: 9781509915439
ISBN-10: 1509915435
Pagini: 232
Dimensiuni: 234 x 158 x 19 mm
Greutate: 0.38 kg
Ediția:NIPPOD
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

The author offers analysis of how normative conclusions would play out in the broader context of sentencing decisions and the guidance intended to structure them.

Notă biografică

Hannah Maslen is a Research Fellow in Ethics at the Uehiro Centre for Practical Ethics, University of Oxford, and a Junior Research Fellow at New College. She is also a James Martin Fellow at the Oxford Martin School.

Cuprins

1. Remorse and its Relevance to Penal Theory Overview of the Book Part I Retributive Arguments2. The Changed Person Argument 3. The Reduced Harm Argument Criminal Harm and Wrongdoing4. The Already Punished Argument 5. The Responsive Censure Argument 6. The Merciful Compassion Argument Part II Remorse and Sentencing Practice7. From Murder to Marijuana: A Nuanced Approach to Remorse-based Mitigation 8. The Remorseful Recidivist 9. Remorse in the Sentencing Guidelines 10. Implications for Penal Theory and Sentencing

Recenzii

[R]etributive scholars will no doubt relish and debate Maslen's highly sophisticated contribution to theory [.].
[A] very readable book...one which summarises theoretical writings in ways which are very engaging...It is like eaves-dropping at a conference of penal philosophers, with a glass of wine in your hand.
Remorse, Penal Theory and Sentencing is a clearly structured, well-written and carefully argued examination of retributive arguments for why offender remorse should be treated as a mitigating factor in sentencing. It should serve as a necessary reference point in future discussions of remorse and sentencing.
Having laid a convincing theoretical foundation for the justification of remorse as a mitigating factor for deserved censure, the second part of Maslen's monograph reads like a bucket of ice water in the face, as she shows the injustice of the current arbitrary, inconsistent, and often illogical consideration of remorse as mitigating factor in the sentencing practices of various jurisdictions.

Descriere

This monograph addresses a contested but under-discussed question in the field of criminal sentencing: should an offender's remorse affect the sentence he or she receives?