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This book provides an accessible and systematic restatement of the
desert model for criminal sentencing by one of its leading academic
exponents. The desert model emphasises the degree of seriousness of
the offender's crime in deciding the severity of his punishment,
and has become increasingly influential in recent penal practice
and scholarly debate. It explains why sentences should be based
principally on crime-seriousness, and addresses, among other
topics, how a desert-based penalty scheme can be constructed; how
to gauge punishments' seriousness and penalties' severity; what
weight should be given to an offender's previous convictions; how
non-custodial sentences should be scaled; and what leeway there
might be for taking other factors into account, such as an
offender's need for treatment. The volume will be of interest to
all those working in penal theory and practice, criminal sentencing
and the criminal law more generally.
This book provides an accessible and systematic restatement of the
desert model for criminal sentencing by one of its leading academic
exponents. The desert model emphasises the degree of seriousness of
the offender's crime in deciding the severity of his punishment,
and has become increasingly influential in recent penal practice
and scholarly debate. It explains why sentences should be based
principally on crime-seriousness, and addresses, among other
topics, how a desert-based penalty scheme can be constructed; how
to gauge punishments' seriousness and penalties' severity; what
weight should be given to an offender's previous convictions; how
non-custodial sentences should be scaled; and what leeway there
might be for taking other factors into account, such as an
offender's need for treatment. The volume will be of interest to
all those working in penal theory and practice, criminal sentencing
and the criminal law more generally.
When should we make use of the criminal law? Crimes, Harms, and
Wrongs offers a philosophical analysis of the nature and ethical
limits of criminalisation. The authors explore the scope of
harm-based prohibitions, proscriptions of offensive behaviour, and
'paternalistic' prohibitions aimed at preventing self-harm,
developing guiding principles for these various grounds of state
prohibition. Both authors have written extensively in the field.
They have produced an integrated, accessible,
philosophically-sophisticated account that will be of great
interest to legal academics, philosophers, and advanced students
alike.
The Insitute of Criminology at the University of Cambridge recently
undertook,at the behest of the Home Office, a comprehensive study
of the literature on criminal deterrence, concentrating on recent
research. The result, published in this book, examines the popular
claim that 'deterrence works'. That it works in general terms is
beyond dispute, but the claim most favoured by law-makers is
narrower: that tougher sentences have a direct impact on criminal
behaviour, limiting the number and severity of offences committed.
This study seeks to discover the truth of that claim. Deterrence as
a penal aim, is a broad subject, hence the authors of this work
decided to look at two elements of recent research. First they
looked at studies which examine the marginal deterrent effects of
changing the certainty of punishment, that is, of altering the
likelihood of an offender's being apprehended and convicted for a
crime. Secondly they looked at studies of the marginal deterrent
effects of altering the severity of punishment through changes in
sentencing policy. It is their evaluation and analysis of the
latter which is the principal focus of the work, and which will
make the book essential reading for all those interested in
sentencing and penal policy.
When should we make use of the criminal law? Crimes, Harms, and
Wrongs offers a philosophical analysis of the nature and ethical
limits of criminalisation. The authors explore the scope of
harm-based prohibitions, proscriptions of offensive behaviour, and
'paternalistic' prohibitions aimed at preventing self-harm,
developing guiding principles for these various grounds of state
prohibition. Both authors have written extensively in the field.
They have produced an integrated, accessible,
philosophically-sophisticated account that will be of great
interest to legal academics, philosophers, and advanced students
alike. 'this elegant, closely argued and convincing book is of
great value and can be expected to be of lasting influence.' James
Chalmers 'Crimes, Harms, and Wrongs . . . is a welcome addition to
this field, and should clarify the reader's thinking on a
breathtakingly broad range of issues. . . . This is an important
book, and [its] consideration of not only Anglo-American theory and
law, but also German legal doctrines and writings on
criminalisation, should ensure that this debate reaches new heights
in the future.' Findlay Stark 'the result of [the authors'] many
decades of thought and writing on this fundamental subject is an
integrated, accessible, philosophically sophisticated discussion of
this subject.' Justice Gilles Renaud 'A.P. Simester and Andreas von
Hirsch present an informed and systematic account of the principles
that, in their view, should structure decisions about what to
criminalize, and when.' Vincent Chiao 'an outstanding work,
original in many respects and meticulous in its arguments. It
represents the greatest advance on this subject since Feinberg's
four volumes . . . an outstanding contribution to the
re-invigorated criminalization debate.' Andrew Ashworth 'important,
original, interesting, and often ingenious. Unlike some recent
competitive books it has the virtue of making sound arguments. And
like everything else the authors have written, it is a joy to read
...This is an absolutely wonderful book.' Douglas Husak
This latest volume in the "Penal Theory and Penal Ethics" series
addresses one of the oldest and most contested questions in the
field of criminal sentencing: should an offender's previous
convictions affect the sentence? This question provokes a series of
others: Is it possible to justify a discount for first offenders
within a retributive sentencing framework? How should previous
convictions enter into the sentencing equation? At what point
should prior misconduct cease to count for the purposes of fresh
sentencing? Should similar previous convictions count more than
convictions unrelated to the current offence? Statutory sentencing
regimes around the world incorporate provisions which mandate
harsher treatment of repeat offenders. Although there is an
extensive literature on the definition and use of criminal history
information, the emphasis here, as befits a volume in the series,
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 practice of sentencing repeat offenders in two
jurisdictions (England and Wales, and Sweden) is also examined in
detail.
This new, third edition of Principled Sentencing provides students
of law, legal philosophy, criminology, and criminal justice with a
comprehensive selection of the leading scholarship on contemporary
sentencing. The volume offers a wide range of critical readings
relating to the key moral, philosophical, and policy issues in
sentencing today. The structure of the book remains the same as the
previous editions, although the new volume contains many new
readings on subjects that have recently emerged and which have
consequences for sentencing in many jurisdictions. These additional
chapters reflect the significant evolution of the field since the
previous edition was published in 1998. As before, each chapter
begins with an introduction by one of the editors and concludes
with a bibliography of further readings. All the chapters have been
substantially revised, as have the editorial introductions.
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.
Prohibitions against offensive conduct have existed for many years,
but their extent and use was on the decline. Recently, however,
several jurisdictions, including England and Wales, have moved to
broaden the reach and severity of measures against incivilities.
New measures include expanded targeting of unpopular forms of
public conduct, such as begging, and legislation authorising
magistrates to issue prohibitory orders against anti-social
behaviour. Because these quality-of-life prohibitions can be so
restrictive of personal liberties, it is essential to develop
adequate guiding and limiting principles concerning State
intervention in this area. This book addresses the legal regulation
of offensive behaviour. Topics include: the nature of
offensiveness; the grounds and permissible scope of criminal
prohibitions against offensive behaviour; the legitimacy of civil
orders against incivilities; and identifying the social trends that
have generated current political interest in preventing
incivilities through intervention of law. These questions are
addressed by eleven distinguished philosophers, criminal law
theorists, criminologists, and sociologists. In an area that has
attracted much public comment but little theoretical analysis to
date, these essays develop a fuller conceptual framework for
debating questions about the legal regulation of offensive
behaviour.
This book addresses the ethics of situational crime prevention. Are
situational crime prevention strategies likely to constrain unduly
peoples freedom of movement? Do such strategies involve an
intrusive scrutiny of peoples everyday activities? Can ethical
principles be developed that would help distinguish acceptable from
unacceptable forms of intervention? It also examines the place of
situational crime prevention within criminology. To what extent
does its emergence represent a basic shift in thinking about the
nature of crime, and about prospects and strategies for dealing
with it? To what extent is crime being treated as a normal risk to
be managed? How far does situational crime prevention place
responsibility for crime prevention beyond the state apparatus to
the organizations and institutions of civil society? What are the
social and political implications of doing so? These questions are
addressed by twelve distinguished criminologists in the papers
which make up the book.
Restorative Justice has emerged around the world as a potent
challenge to traditional models of criminal justice, and
restorative programmes, policies and legislative reforms are being
implemented in many western nations. However, the underlying aims,
values and limits of this new paradigm remain somewhat uncertain
and those advocating Restorative Justice have rarely engaged in
systematic debate with those defending more traditional conceptions
of criminal justice. This volume, containing contributions from
scholars of international renown, provides an analytic exploration
of Restorative Justice and its potential advantages and
disadvantages. Chapters of the book examine the aims and limiting
principles that should govern Restorative Justice, its appropriate
scope of application, its social and legal contexts, its practice
and impact in a number of jurisdictions and its relation to more
traditional criminal-justice conceptions. These questions are
addressed by twenty distinguished criminologists and legal scholars
in papers which make up this volume. These contributions will help
clarify the aims that Restorative Justice might reasonably hope to
achieve, the limits that should apply in pursuing these aims, and
how restorative strategies might comport with, or replace, other
penal strategies. Contributors: Andrew Ashworth, Anthony E Bottoms,
John Braithwaite, Kathleen Daly, James Dignan, R A Duff, Carolyn
Hoyle, Barbara Hudson, Leena Kurki, Allison Morris, Kent Roach,
Julian V Roberts, Paul Roberts, Mara Schiff, Joanna Shapland,
Clifford Shearing, Daniel van Ness, Andrew von Hirsch, Lode
Walgrave, Richard Young. 'Discussions of restorative justice as a
complement to or alternate to criminal or retributive justice
remain in their infancy, yet this collection assures that this
critically important discussion moves forward. These
thought-provoking essays on a timely topic need to be read by
people in the punishment business. Summing up: Highly recommended.'
MA Foley, Marywood University, December 2003. 'This book is
essential reading for anybody interested in the development of
restorative justice and the future of criminal justice. Each
contribution is significant and well written.' Gerry Johnstone, in
the Howard Journal of Criminal Justice, February 2004 'One of the
strengths of this collection is the way it places restorative
justice developments in context. In this publication, and the
earlier 'Restorative Justice for Juveniles: Conferencing, Mediation
and Circles', Hart Publishing establishes a reputation for
publishing some of the best, and most thoughtful, material on
restorative justice.' Declan Roche, in the British Journal of
Sociology, January 2004
Restorative Justice has emerged around the world as a potent
challenge to traditional models of criminal justice,and restorative
programmes, policies and legislative reforms are being implemented
in many western nations. However, the underlying aims, values and
limits of this new paradigm remain somewhat uncertain and those
advocating Restorative Justice have rarely engaged in systematic
debate with those defending more traditional conceptions of
criminal justice. This volume, containing contributions from
scholars of international renown, provides an analytic exploration
of Restorative Justice and its potential advantages and
disadvantages. Chapters of the book examine the aims and limiting
principles that should govern Restorative Justice, its appropriate
scope of application, its social and legal contexts, its practice
and impact in a number of jurisdictions and its relation to more
traditional criminal-justice conceptions. These questions are
addressed by twenty distinguished criminologists and legal scholars
in papers which make up this volume. These contributions will help
clarify the aims that Restorative Justice might reasonably hope to
achieve, the limits that should apply in pursuing these aims, and
how restorative strategies might comport with, or replace, other
penal strategies. Contributors: Andrew Ashworth, Anthony E Bottoms,
John Braithwaite, Kathleen Daly, James Dignan, R A Duff, Carolyn
Hoyle, Barbara Hudson, Leena Kurki, Allison Morris, Kent Roach,
Julian V Roberts, Paul Roberts, Mara Schiff, Joanna Shapland,
Clifford Shearing, Daniel van Ness, Andrew von Hirsch, Lode
Walgrave, Richard Young.
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