عنوان

Punishment and sentencing :

1859416314

9781859416310

b722059

Punishment and sentencing :

[Book]

a rational approach /

Mirko Bagaric.

London :

Cavendish,

2001.

xxv, 302 pages ;

24 cm

Includes bibliographical references (pages 277-296) and index.

1. Introduction. The Need for Principle in Sentencing. Outline, Purpose and Scope of Book. Issues Not Discussed -- Abolitionism and Restorative Justice -- 2. Sentencing Law Overview -- The Road to Nowhere. The Absence of a Primary Justification for Sentencing. The Judicial Approach to Sentencing. Lack of Consistency in Sentencing. Lack of Fairness in Sentencing -- 3. Theories of Punishment and the Current State of the Debate. The Definition of Punishment. Retributive Theories of Punishment. The Utilitarian Theory of Punishment. Current State of the Debate and Criticisms of Utilitarian Theory of Punishment. Compromise Theories of Punishment -- 4. The Errors of Retributivism. Judicial Approach to Retributivism. Desert as a Natural Response -- Intrinsic Retributivism. Von Hirsch -- Punishment as Denunciation and Censure. Duff's Theory -- Communication and Reconciliation. Unfair Advantage Theory of Punishment -- 5. In Defence of a Utilitarian Theory of Punishment: Punishing the Innocent and the Compatibility of Utilitarianism and Rights. Punishing the Innocent and Utilitarianism. Punishing the Innocent and Retributivism. Utilitarianism and Rights. Utilitarian Justification for Rights. Utilitarianism and the Separateness of Persons. The Decisiveness of Consequences -- 6. Incapacitation, Deterrence and Rehabilitation: Flawed Ideals or Appropriate Sentencing Goals? Incapacitation. Deterrence. Rehabilitation -- 7. Proportionality in Sentencing: Its Justification, Meaning and Role. The Role of Proportionality in Sentencing. Definitional Matters. Factors Relevant to the Seriousness of an Offence. The Justification of Proportionality. Commensurability Between the Offence and the Sanction -- 8. Suspended Sentences and Preventive Sentences: Illusory Evils and Disproportionate Punishments. Background and Overview of Suspended Sentences. Criticisms of Suspended Sentences. Background and Overview of Preventive Sentences. Objections to Preventive Sentences. More Illusory Sanctions -- Discharges and Bonds -- 9. New Criminal Sanctions -- Inflicting Pain Through the Denial of Employment and Education. Principles Governing Criminal Sanctions. Problems with Existing Sanctions. New Sanctions -- 10. Double Punishment and Punishing Character -- The Unfairness of Prior Convictions. The Relevance of Prior Convictions to the Sentencing Process. The Doctrinal Basis for Prior Convictions. Proper Approach to Prior Convictions. Advantages of Flat Rate Sentencing -- Unjust Society Concerns -- 11. Consistency and Fairness in Sentencing -- The Splendour of Fixed Penalties. Criticisms of Fixed Penalties. Outline of Fixed Penalty Regime. Other Objections to Fixed Penalties -- 12. Conclusion

0

Punishment & sentencing

Sentences (Criminal procedure)-- Great Britain.

Sentences (Criminal procedure)

Sentences (Criminal procedure)-- Great Britain.

Great Britain.

7

343.291(42)

Bagaric, Mirko.

20201208134016.0

[Book]

Y