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On 3 September 1996, Bill C-41 was proclaimed in force, initiating one significant step in the reform of sentencing and parole in Canada. This is the first book that, in addition to providing an overview of the law, effectively presents a sociological analysis of the legal reforms and their ramifications in this controversial area. The commissioned essays in this collection cover such crucial issues as options and alternatives in sentencing, patterns revealed by recent statistics, sentencing of minority groups, Bill C-41 and its effects, conditional sentencing, and the structure and relationship between parole and sentencing are clearly presented. An introduction, editorial comments beginning each chapter, and a concluding chapter draw the essays together resulting in a timely, comprehensive and extremely readable work on this critical topic. Broad in scope and perspective, this major new socio-legal study of the law of sentencing will be illuminating to students, members of the legal profession, and the general reader.
This book asks how we should make sense of sentencing when, despite huge efforts world-wide to analyse, critique and reform it, it remains an enigma.Sentencing: A Social Process reveals how both research and policy-thinking about sentencing are confined by a paradigm that presumes autonomous individualism, projecting an artificial image of sentencing practices and policy potential. By conceiving of sentencing instead as a social process, the book advances new policy and research agendas. Sentencing: A Social Process proposes innovative solutions to classic conundrums, including: rules versus discretion; aggravating versus mitigating factors; individualisation versus consistency; punishment versus rehabilitation; efficient technologies versus the quality of justice; and ways of reducing imprisonment.
American Sentencing provides an up-to-date and comprehensive overview of efforts in the state and the federal systems to make sentencing fairer, reduce overuse of imprisonment, and help offenders live law-abiding lives. It addresses a variety of topics and themes related to sentencing and reform, including racial disparities, violence prediction, plea negotiation, case processing, federal and state guidelines, California’s historic “realignment,” and more. This volume covers what students, scholars, practitioners, and policy makers need to know about how sentencing really works, what a half century’s “reforms” have and have not accomplished, how sentencing processes can be made fairer, and how sentencing outcomes can be made more just. Its writers are among America’s leading scholarly specialists—often the leading specialist—in their fields. Clearly and accessibly written, American Sentencing is ideal for teaching use in seminars and courses on sentencing, courts, and criminal justice. Its authors’ diverse perspectives shed light on these issues, making it likely the single, most authoritative source of information on the state of sentencing in America today.
This book challenges the centrality of the prison in our understanding of punishment, inviting us to see, hear, imagine, analyse and restrain 'mass supervision'. Though rooted in social theory and social research, its innovative approach complements more conventional academic writing with photography, song-writing and storytelling.
This title presents a fully developed punishment theory which incorporates both utilitarian and retributive sentencing purposes. The author describes and defends a hybrid sentencing model that integrates theory and practice - blending and balancing both the competing principles of retribution and rehabilitation and the procedural concern of weighing rules against discretion.
Rather than providing students with "the answers," Making Sense of Criminal Justice: Policies and Practices, Third Edition, challenges them to think critically about how the criminal justice system deals with challenging situations--like the use of force by the police--and offers a framework for lively classroom discussions and debates.
Applying media and communication studies to sentencing and penal culture, Franko Aas offers a lucid and innovative account of how punishment is adjusting to a new cultural climate.
This book discusses the under-researched relationship between sentencing and the legitimacy of punishment. It argues that there is an increasing gap between what is perceived as legitimate punishment and the sentencing decisions of the criminal courts. Drawing on a wide variety of empirical research evidence, the book explores how sentencing could be developed within a more socially-inclusive framework for the delivery of trial justice. In the international context, such developments are directly relevant to the future role of the International Criminal Court, especially its ability to deliver more coherent and inclusive trial outcomes that contribute to social reconstruction. Similarly, in the national context, these issues have a vital role to play in helping to re-position trial justice as a credible cornerstone of criminal justice governance where social diversity persists. In so doing the book should help policy-makers in appreciating the likely implications for criminal trials of 'mainstreaming' restorative forms of justice. Sentencing and the Legitimacy of Trial Justice firmly ties the issue of legitimacy to the relevant context for delivering 'justice'. It suggests a need to develop the tools and methods for achieving this and offers some novel solutions to this complex problem. This book will be a valuable resource for graduate students, academics, practitioners and policy makers in the field of criminal justice as well as scholars interested in socio-legal and cross-disciplinary approaches to the analysis of criminal process and sentencing and the development of theory and comparative methodology in this area.
The first dedicated textbook for Criminology students studying homicide. As the authors explain, criminal homicide is but one form of lethal violence victims may suffer, leading them to describe a much broader range of scenarios. Ranging from murder to manslaughter to State killings, genocide and disasters involving victims of public policy, corporate crime or shortcomings in health and safety, Making Sense of Homicide re-positions discussion of the topic for those wishing to see beyond routine media hype and ill-informed popular discourse. The book also contains a special expert contribution by former Police Superintendent Ronald Winch about how the UK police investigate homicide including fundamental requirements and pitfalls. The book ranges in scope from serial killing to mass and spree homicide and across the jurisdictions of the UK, USA and other countries. Also interweaved in this key resource are acutely observed accounts of the Holocaust, capital punishment and homicide within a consumer society. The authors explain the categories within which homicide is conventionally discussed, as well as crimes of the powerful and those made opaque for political, economic or other questionable purposes, making the work one of immense value to anyone wishing to see violence through a new lens. A hugely wide-ranging explanation of homicide, perfect for dedicated courses. The book demonstrates how homicide definition stems from political, cultural and societal choices and looks at the deficits in homicide classifications. An entirely fresh look at the subject. From the Foreword ‘It is no small feat to offer such robust understandings of homicide … A judicious and much needed collection at a time in which our existence is evermore enveloped by aspects of death, despair and homicide in all its various malignant forms.’— Professor David Wilson. Authors Dr Adam Lynes, Professor Elizabeth Yardley and Lucas Danos all teach at Birmingham City University, one of the UK’s leading centres of Criminology where their existing publications have attracted considerable acclaim. Ronald Winch spent over 30 years in the police including investigating homicide and other serious, major and complex crimes. Together they bring straightforward and refreshing perspectives to a sometimes hard to understand and often disquieting topic.