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In Criminal Sentencing in Bangladesh, Muhammad Mahbubur Rahman critically examines the sentencing policies of Bangladesh and demonstrates that the country’s sentencing policies are not only yet to be developed in a coherent manner and shaped with an appropriate and contextual balance, but also remain part of the problem rather than part of the solution. The author forcefully argues that the conception of ‘sentencing policies’ cannot and should not always be confined exclusively to institutional understandings. The typical realities of post-colonial societies call for rethinking the traditional judiciary-centred understanding of what is meant by criminal sentences. This book thus raises the question for theoretical sentencing scholarship whether the prevailing judiciary-centred understanding of sentencing should be rethought.
This book presents an account and interpretation of the major legal issues arising in course of the trial process and their judicial expositions reflected in the judgments and underscores their precedential significance, legacy, and contribution.
Andrew Ashworth expertly examines the key issues in English sentencing policy and practice including the mechanisms for producing sentencing guidelines. He considers the most high-profile stages in the criminal justice process such as the Court of Appeal's approach to the custody threshold, the framework for the sentencing of young offenders and the abiding problems of previous convictions in sentencing. Taking into account the Criminal Justice and Immigration Act 2008 and the Coroners and Justice Act 2009, the book's inter-disciplinary approach places the legislation and guidelines on sentencing in the context of criminological research, statistical trends and theories of punishment. By examining the law in relation to elements of the wider criminal justice system, including the prison and probation services, students gain a rounded perspective on the relevant principles and problems of sentencing and criminal justice.
This volume explores the continued use of capital punishment in Asia and the reasons behind its retention. Various contributions offer insights into the politics, practice and public opinion of Asian capital punishment
This book explores how Bangladeshi women from poor and undereducated/semi-educated backgrounds who have crossed the Indo-Bangladesh border find themselves in prisons serving sentences under the Foreigners Act, 1946. Drawing on original fieldwork, this book explores these women's understanding of borders and state sovereignty and how the women - from conservative rural and semi-rural backgrounds which impose a strict moral code - adjust to the socio-cultural context of an Indian prison, where being an inmate is "dishonourable" in their community. This book examines the implicit challenge in these women's action and decisions to these codes of honour, to accepted social norms of their religion and community, and ultimately, the dominantly patriarchal system that marks South Asian society. Further, it focuses on the negotiations that the Bangladeshi women make with the social and political borders they encounter in the process of crossing the Indo-Bangladesh border without requisite documents needed by the state for entry into a "foreign" land; how they cope with the daily challenges of living during their imprisonment in a correctional home; and their feelings about their impending return to Bangladesh. Women who are apprehended and criminalised for crossing borders must negotiate with not only the normative understanding of borders which is inherently masculine in nature, but also the gender biased lens through which female mobility is viewed: therefore, they not only cross political borders but also social borders. This book maps the associations between women's experiences of mobility and incarceration, and their linkages with social and political borders and the fraught experiences of being in a 'foreign' territorial space. It will be important reading for criminologists, sociologists, and those engaged in penology, women's studies and migration studies.
Over the past forty years, the criminal justice system in the United States has engaged in a very expensive policy failure, attempting to punish its way to public safety, with dismal results. So-called "tough on crime" policies have not only failed to effectively reduce crime, recidivism, and victimization but also created an incredibly inefficient system that routinely fails the public, taxpayers, crime victims, criminal offenders, their families, and their communities. Strategies that focus on behavior change are much more productive and cost effective for reducing crime than punishment, and in this book, William R. Kelly discusses the policy, process, and funding innovations and priorities that the United States needs to effectively reduce crime, recidivism, victimization, and cost. He recommends proactive, evidence-based interventions to address criminogenic behavior; collaborative decision making from a variety of professions and disciplines; and a focus on innovative alternatives to incarceration, such as problem-solving courts and probation. Students, professionals, and policy makers alike will find in this comprehensive text a bracing discussion of how our criminal justice system became broken and the best strategies by which to fix it.