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This revised and updated new edition focuses on major developments
in sentencing law, practice and theory. Sentencing in England and
Wales is now dominated by Sentencing Council guidelines, and
scrutiny of those guidelines is central to this book. Issues of
principle are identified and discussed, to include the
constitutional position of the Sentencing Council; the meaning of,
and challenges to, proportionality; and the sentencing of BAME
offenders and women offenders. The book welcomes the new Sentencing
Code, introduced as the Sentencing Act 2020, and critically
examines the government's plans for sentencing reform, set out in
the 2020 White Paper A Smarter Approach to Sentencing. Throughout
the book, sentencing is explored in its wider criminal justice
context - making it essential reading for courses on sentencing,
criminal justice and criminal law.
This book offers a set of essays, old and new, examining the
positive obligations of individuals and the state in matters of
criminal law. The centrepiece is a new, extended essay on the
criminalisation of omissions-examining the duties to act imposed on
individuals and organisations by the criminal law, and assessing
their moral and social foundations. Alongside this is another new
essay on the state's positive obligations to put in place criminal
laws to protect certain individual rights. Introducing the volume
is the author's much-cited essay on criminalisation, 'Is the
Criminal Law a Lost Cause?'. The book sets out to shed new light on
contemporary arguments about the proper boundaries of the criminal
law, not least by exploring the justifications for imposing
positive duties (reinforced by the criminal law) on individuals and
their relation to the positive obligations of the state.
This book offers a set of essays, old and new, examining the
positive obligations of individuals and the state in matters of
criminal law. The centrepiece is a new, extended essay on the
criminalisation of omissions-examining the duties to act imposed on
individuals and organisations by the criminal law, and assessing
their moral and social foundations. Alongside this is another new
essay on the state's positive obligations to put in place criminal
laws to protect certain individual rights. Introducing the volume
is the author's much-cited essay on criminalisation, 'Is the
Criminal Law a Lost Cause?'. The book sets out to shed new light on
contemporary arguments about the proper boundaries of the criminal
law, not least by exploring the justifications for imposing
positive duties (reinforced by the criminal law) on individuals and
their relation to the positive obligations of the state.
The principle that a sentence should be proportionate to the
seriousness of the offence remains at the centre of penal practice
and scholarly debate. This volume explores highly topical aspects
of proportionality theory that require examination and further
analysis. von Hirsch and Ashworth explore the relevance of the
principle of proportionality to the sentencing of young offenders,
the possible reasons for departing from the principle when
sentencing dangerous offenders, and the application of the
principle to socially deprived offenders. They examine the claim
that the principle tends to be associated with greater severity in
sentencing, and explore the relevance of penance and of restorative
justice to proportionality theory. Their examination of arguments
and counter-arguments culminates in a re-statement of the main
criteria for proportionate sentencing. The authors are well known
for their previous writings on proportionality theory, and this
volume broadens the theory to deal with important contemporary
issues in crime and punishment.
The fifth edition of The Criminal Process continues in the
tradition of previous editions in providing an insightful and
stimulating analysis of the key issues in criminal processes and
procedures. The authors draw on arguments from the law, research,
policy, and principle, to present an authoritative overview of this
area of study.
This collection of essays honours the work of Sir Gerald Gordon CBE
QC LLD (1929-). In modern times few, if any, individuals can have
been as important to a single country's criminal law as Sir Gerald
has been to the criminal law of Scotland. His monumental work The
Criminal Law of Scotland (1967) is the foundation of modern
Scottish criminal law and is recognised internationally as a major
contribution to academic work on the subject. Elsewhere, he has
made significant contributions as an academic, judge and as a
member of the Scottish Criminal Cases Review Commission. Reflecting
the academic rigour and practical application of Sir Gerald's work,
this volume includes essays on criminal law theory, substantive law
and evidence and procedure by practitioners and academics within
and outside of Scotland, including contributions from England,
Ireland and the USA. Key Features: *chapters encompass a broad
range of subjects of contemporary interest and significance *both
substantive and procedural criminal law *contributors from
practitioners and academics from both within and outwith Scotland,
reflecting the influence and recognition afforded to Sir Gerald's
work.
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.
Now in its sixth edition, Sentencing and Criminal Justice has been
extensively rewritten to reflect recent legislation, guidelines and
judicial decisions. New material includes comparative sentencing
research, which looks at models from other countries in comparison
with the approach in England and Wales, and an additional chapter
focusing on civil preventive orders and other ancillary orders.
Written with clarity of expression coupled with critical analysis,
this textbook offers an unrivalled combination of expertise,
accessibility and coverage. This is the essential text for anyone
interested in criminal justice.
This book arises from a three-year study of Preventive Justice
directed by Professor Andrew Ashworth and Professor Lucia Zedner at
the University of Oxford. The study seeks to develop an account of
the principles and values that should guide and limit the state's
use of preventive techniques that involve coercion against the
individual. States today are increasingly using criminal law or
criminal law-like tools to try to prevent or reduce the risk of
anticipated future harm. Such measures include criminalizing
conduct at an early stage in order to allow authorities to
intervene; incapacitating suspected future wrongdoers; and imposing
extended sentences or indefinate on past wrongdoers on the basis of
their predicted future conduct - all in the name of public
protection and security. The chief justification for the state's
use of coercion is protecting the public from harm. Although the
rationales and justifications of state punishment have been
explored extensively, the scope, limits and principles of
preventive justice have attracted little doctrinal or conceptual
analysis. This book re-assesses the foundations for the range of
coercive measures that states now take in the name of prevention
and public protection, focussing particularly on coercive measures
involving deprivation of liberty. It examines whether these
measures are justified, whether they distort the proper boundaries
between criminal and civil law, or whether they signal a larger
change in the architecture of security. In so doing, it sets out to
establish a framework for what we call 'Preventive Justice'.
This is the first book in recent years to reconsider the shape and details of the English law of homicide, a topic avoided by governments in their plans for law reform. It discusses how the law should define murder, how it should respond to provoked killings, how it should deal with mentally abnormal killers, etc.
Now in its sixth edition, Sentencing and Criminal Justice has been
extensively rewritten to reflect recent legislation, guidelines and
judicial decisions. New material includes comparative sentencing
research, which looks at models from other countries in comparison
with the approach in England and Wales, and an additional chapter
focusing on civil preventive orders and other ancillary orders.
Written with clarity of expression coupled with critical analysis,
this textbook offers an unrivalled combination of expertise,
accessibility and coverage. This is the essential text for anyone
interested in criminal justice.
This book arises from a three-year study of Preventive Justice
directed by Professor Andrew Ashworth and Professor Lucia Zedner at
the University of Oxford. The study seeks to develop an account of
the principles and values that should guide and limit the state's
use of preventive techniques that involve coercion against the
individual. States today are increasingly using criminal law or
criminal law-like tools to try to prevent or reduce the risk of
anticipated future harm. Such measures include criminalizing
conduct at an early stage in order to allow authorities to
intervene; incapacitating suspected future wrongdoers; and imposing
extended sentences or indefinate on past wrongdoers on the basis of
their predicted future conduct - all in the name of public
protection and security. The chief justification for the state's
use of coercion is protecting the public from harm. Although the
rationales and justifications of state punishment have been
explored extensively, the scope, limits and principles of
preventive justice have attracted little doctrinal or conceptual
analysis. This book re-assesses the foundations for the range of
coercive measures that states now take in the name of prevention
and public protection, focussing particularly on coercive measures
involving deprivation of liberty. It examines whether these
measures are justified, whether they distort the proper boundaries
between criminal and civil law, or whether they signal a larger
change in the architecture of security. In so doing, it sets out to
establish a framework for what we call 'Preventive Justice'.
The law of homicide is probably the most high-profile area of the
criminal law, yet has been relatively neglected by law reform
agencies. This text brings together six English criminal lawyers to
discuss the future shape of the English law of homicide and deals
with such important topics as the definition of murder, the
relevance of mental abnormality provocation, unintentional
killings, defences and sentencing. The book also considers broad
policy choices and matters of detail in their contemporary social
and legal context, and highlights the difficult issues that need to
be tackled if we are to have an up-to-date law of murder and
manslaughter.
The Oxford Monographs On Criminal Law And Justice series aims to
cover all aspects of criminal law and procedure including criminal
evidence. the scope of the series is wide, encompassing both
practical and theoretical works. Series Editor: Professor Andrew
Ashworth, Vinerian Professor of English Law, All Souls College,
Oxford. This volume is a thematic collection of essays on
sentencing theory by leading writers. The essays fall into three
groups. Part I considers the underlying justifications for the
imposition of punishment by the State, and examines the
relationship between victims, offenders and the State. Part II
addresses a number of areas of sentencing policy that have given
rise to particular difficulty, such as the sentencing of drug
offenders, the rationale for discounting sentences for multiple
offenders, the existence of special sentencing for young offenders,
and cases where the injury done to the victim is of a different
magnitude from what might have been expected. Part III raises
various questions about the unequal impact on offenders of
different sentencing measures, and examines the extent to which
sentences should be adjusted to take account of these different
impacts and of broader social inequalities. This volume is
dedicated to Professor Andrew von Hirsch, whose continuing work on
sentencing theory provided the stimulus for the collection.
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