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Books > Social sciences > Sociology, social studies > Crime & criminology > Penology & punishment
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Just Sentencing - Principles and Procedures for a Workable System (Hardcover)
Loot Price: R2,314
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Just Sentencing - Principles and Procedures for a Workable System (Hardcover)
Series: Studies in Penal Theory and Philosophy
Expected to ship within 12 - 17 working days
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For most of the 20th Century, sentencing purposes and procedures
were virtually the same in all American jurisdictions. The primary
sentencing goal was rehabilitation, to be accomplished mostly in
prison. To achieve this goal, judges and parole boards were given
broad discretionary powers. In the 1970s, legal scholars and
critics began to question such unfettered discretion, and to
advocate for a system of prison-as-punishment, not as moral
reeducation. Lawmakers began to experiment with mandatory penalties
and other limits on sentencing discretion. These changes broke the
previously uniform standard of sentencing in America. Today,
sentencing purposes and procedures vary wildly between different
state and federal jurisdictions. Our fragmented sentencing system
has contributed to unprecedented increases in prison and jail
inmate populations, disproportionately affecting racial minorities
and creating a staggering drain on state budgets. The systems in
most jurisdictions are disorganized, expensive, and unfair. We need
a new vision, and a new way forward.
In Just Sentencing, Richard S. Frase offers a hybrid sentencing
model that combines clearly-stated normative principles with
procedures that have proven successful in practice. Frase advocates
an expanded version of the theory of limiting retributivism,
recognizing desert-based and other limits on sentence severity
while accommodating crime control and other non-retributive
punishment purposes. These principles are implemented with
procedures based on the best state sentencing guidelines systems,
including mandatory resource- and demographic-impact assessments,
appellate review that preserves substantial trial court discretion,
and abolition of parole release discretion. This book also shows
how the core principles and procedures of the proposed model have
been successfully implemented in several states, and endorsed in
model sentencing codes and standards.
America currently lacks a comprehensive understanding of the
purposes and limits of punishment. Just Sentencing offers us a
cogent and urgently-needed solution for the incoherent and
unsustainable American sentencing system.
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