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This book explores the critical questions of how and why criminal justice policies emerge, and examines how criminal justice policy is understood and applied by practitioners. It questions whether diversity in implementation implies policy failure or a sign of healthy activism among local practitioners.lied by practitioners.
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.
Well-selected and authoritative, Palgrave Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in exams.
Sentencing is one of the fastest moving areas of law, with frequent
legislative changes and hundreds of reported appellate decisions
each year. A Practical Approach to Sentencing - a completely
updated and revised new edition of Emmins on Sentencing - offers
the most comprehensive coverage of modern sentencing law, making it
an essential purchase for all criminal practitioners.
This book analyses, explains, and evaluates the Government's flagship criminal justice legislation, the Criminal Justice Act 2003. It provides an accessible commentary on the wide ranging and complex changes introduced by the Act, which will leave few areas of the criminal justice system untouched. The Act starts with changes to police powers, bail, cautioning, and pre-trial disclosure, and moves on to the abolition of committal proceedings and the introduction of the possibility of trials on indictment without juries. It then goes on to provide for prosecution appeals and a broad range of offences where a trial following acquittal can exceptionally be allowed. The rules on evidence are significantly reformed providing firstly, a much wider basis on which evidence of bad character (including previous convictions) can be admitted, and secondly, for the admissibility of hearsay 'where it is not contrary to the interests of justice' to admit it. The Act also provides a major restatement and reform of the sentencing framework and the provisions for release on licence, and abolishes most of the categories of exemption from the duty to perform jury service. Anyone working in the Criminal Justice System or interested in its operation will welcome this guide, which provides invaluable insights into the purposes of the Act and a detailed explanation of its provisions. The book also includes the full text of the Act.
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