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Sentencing Rape: A Comparative Analysis

Autor Dr Graeme Brown
en Limba Engleză Paperback – 29 noi 2023
This book presents an in-depth comparative study of sentencing practice for rape in six common law jurisdictions: England and Wales, Scotland, Ireland, Canada, New Zealand, and South Africa. It provides a thorough review of the medical literature on the physical and psychological effects of rape, the legal and philosophical literature on the seriousness of the offence, and the victim's role in sentencing. Given the increasingly common practice of perpetrators using mobile and online technologies to film or photograph the commission of sexual offences, the book examines recent socio-legal research on technology-facilitated sexual violence and considers the implications for sentencing.By building on recent scholarship on judicial decision making in sentencing and case law - comprising over 250 decisions of the relevant appellate courts - the book explores and critically analyses judicial approaches to rape sentencing. The analysis is undertaken with a view to suggesting possible reforms to rape sentencing in 'non-guideline' jurisdictions. In so doing, this book seeks to establish general principles for sentencing rape, assisting in the imposition of proportionate sentences.This book will be of interest to judges and practising lawyers; to those researching criminal law, criminal justice, criminology, and gender studies; and to policy makers, including sentencing councils and commissions, in common law jurisdictions worldwide.
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Specificații

ISBN-13: 9781509974283
ISBN-10: 1509974288
Pagini: 328
Dimensiuni: 156 x 234 x 20 mm
Greutate: 0.45 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

Examines six important commonwealth jurisdictions, England and Wales, Scotland, Northern Ireland, the Republic of Ireland, Victoria in Australia and New Zealand.

Notă biografică

Graeme Brown is a solicitor and Senior Lecturer in Criminal Justice at the University of Aberdeen, UK. He was formerly a professional support lawyer to the Court of Criminal Appeal in Edinburgh, and an Honorary Fellow in Law at the University of Edinburgh, UK.

Cuprins

1. Sentencing Rape: An Introduction to the Study 2. The Seriousness of Rape and the Victim's Role in Sentencing 3. Technology-Facilitated Sexual Violence and Image-Based Sexual Abuse: The Filming of Rape and Sexual Assault 4. From Guidance to Guidelines: Rape Sentencing in England and Wales 5. A 'Radically Different' Approach: Rape Sentencing in Scotland 6. Proportionality and Individualised Justice: Rape Sentencing in the Republic of Ireland 7. 'Pragmatism and Individualisation' versus 'The Mandatory Minimums Algorithm': Rape Sentencing in New Zealand and South Africa 8. Principled Discretion in Rape Sentencing

Recenzii

Sentencing Rape: A Comparative Analysis is a scholarly work, incorporating a very extensive review of comparative case law and academic commentary. It comprises an immensely valuable analysis of the different ways in which guidance has been deployed to sentencing judges in rape cases in the jurisdictions surveyed, and the author's comparative analysis of the differing sentencing policy positions in those jurisdictions is erudite and impressive. The author's writing style is clear and easily accessible, and without hesitation, I commend this work to anyone interested in sentencing law and policy generally, and specifically with respect to rape offences
This is an important and timely book . a most important resource for understanding and developing law and practice . a masterly and comprehensive examination of the subject. It ought to be compulsory reading for anyone with any part to play in the [sentencing] process.
Sentencing Rape is well written, accessible, and meticulously researched. Brown offers a thorough review of the historical development of sexual assault offences and sentencing practices in each jurisdiction canvassed, highlighting the various aggravating and mitigating factors that have been, and continue to be, relevant to judicial decision making . The book is a must-read for anyone interested in sentencing practices generally, especially those interested in sentencing reform with respect to sexual offences.
Brown's work throughout is as meticulous as it is informative . There is much to learn from in this text, even for those who would consider themselves reasonably well versed in the area . [T]his commendable text is well worth reading for anyone with a professional or academic interest in the area, indeed, if and when the time does finally come for a guideline judgment on sentencing rape in Scotland, it is to be sincerely hoped that those presiding on the bench have it to hand.