Criminal Sentencing As Practical Wisdom

Download or read book Criminal Sentencing as Practical Wisdom written by Graeme Brown and published by Bloomsbury Publishing. This book was released on 2017-06-01 with total page 589 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do judges sentence? In particular, how important is judicial discretion in sentencing? Sentencing guidelines are often said to promote consistency, but is consistency in sentencing achievable or even desirable? Whilst the passing of a sentence is arguably the most public stage of the criminal justice process, there have been few attempts to examine judicial perceptions of, and attitudes towards, the sentencing process. Through interviews with Scottish judges and by presenting a comprehensive review and analysis of recent scholarship on sentencing – including a comparative study of UK, Irish and Commonwealth sentencing jurisprudence – this book explores these issues to present a systematic theory of sentencing. Through an integration of the concept of equity as particularised justice, the Aristotelian concept of phronesis (or 'practical wisdom'), the concept of value pluralism, and the focus of appellate courts throughout the Commonwealth on sentencing by way of 'instinctive synthesis', it is argued that judicial sentencing methodology is best viewed in terms of a phronetic synthesis of the relevant facts and circumstances of the particular case. The author concludes that sentencing is best conceptualised as a form of case-orientated, concrete and intuitive decision making; one that seeks individualisation through judicial recognition of the profoundly contextualised nature of the process.

Download or read book Criminal Sentencing as Practical Wisdom written by Graeme Brown (Lawyer) and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Criminal Sentencing as Practical Wisdom written by Graeme Brown and published by Bloomsbury Publishing. This book was released on 2017-06-01 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do judges sentence? In particular, how important is judicial discretion in sentencing? Sentencing guidelines are often said to promote consistency, but is consistency in sentencing achievable or even desirable? Whilst the passing of a sentence is arguably the most public stage of the criminal justice process, there have been few attempts to examine judicial perceptions of, and attitudes towards, the sentencing process. Through interviews with Scottish judges and by presenting a comprehensive review and analysis of recent scholarship on sentencing – including a comparative study of UK, Irish and Commonwealth sentencing jurisprudence – this book explores these issues to present a systematic theory of sentencing. Through an integration of the concept of equity as particularised justice, the Aristotelian concept of phronesis (or 'practical wisdom'), the concept of value pluralism, and the focus of appellate courts throughout the Commonwealth on sentencing by way of 'instinctive synthesis', it is argued that judicial sentencing methodology is best viewed in terms of a phronetic synthesis of the relevant facts and circumstances of the particular case. The author concludes that sentencing is best conceptualised as a form of case-orientated, concrete and intuitive decision making; one that seeks individualisation through judicial recognition of the profoundly contextualised nature of the process.

Download or read book Sentencing Rape written by Graeme Brown and published by Bloomsbury Publishing. This book was released on 2020-05-14 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an in-depth comparative study of sentencing practice for rape in six common law jurisdictions: England and Wales, Scotland, Ireland, Canada, New Zealand, and South Africa. It provides a thorough review of the medical literature on the physical and psychological effects of rape, the legal and philosophical literature on the seriousness of the offence, and the victim's role in sentencing. Given the increasingly common practice of perpetrators using mobile and online technologies to film or photograph the commission of sexual offences, the book examines recent socio-legal research on technology-facilitated sexual violence and considers the implications for sentencing. By building on recent scholarship on judicial decision making in sentencing and case law – comprising over 250 decisions of the relevant appellate courts – the book explores and critically analyses judicial approaches to rape sentencing. The analysis is undertaken with a view to suggesting possible reforms to rape sentencing in 'non-guideline' jurisdictions. In so doing, this book seeks to establish general principles for sentencing rape, assisting in the imposition of proportionate sentences. This book will be of interest to judges and practising lawyers; to those researching criminal law, criminal justice, criminology, and gender studies; and to policy makers, including sentencing councils and commissions, in common law jurisdictions worldwide.

Download or read book Practical Wisdom written by Barry Schwartz and published by Penguin. This book was released on 2011-11-01 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: A reasoned and urgent call to embrace and protect the essential human quality that has been drummed out of our lives: wisdom. In their provocative new book, Barry Schwartz and Kenneth Sharpe explore the insights essential to leading satisfying lives. Encouraging individuals to focus on their own personal intelligence and integrity rather than simply navigating the rules and incentives established by others, Practical Wisdom outlines how to identify and cultivate our own innate wisdom in our daily lives.

Download or read book Practical Wisdom written by Barry Schwartz and published by Penguin. This book was released on 2010-12-30 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: A reasoned yet urgent call to embrace and protect the essential, practical human quality that has been drummed out of our lives: wisdom. It's in our nature to want to succeed. It's also human nature to want to do right. But we've lost how to balance the two. How do we get it back? Practical Wisdom can help. "Practical wisdom" is the essential human quality that combines the fruits of our individual experiences with our empathy and intellect-an aim that Aristotle identified millennia ago. It's learning "the right way to do the right thing in a particular circumstance, with a particular person, at a particular time." But we have forgotten how to do this. In Practical Wisdom, Barry Schwartz and Kenneth Sharpe illuminate how to get back in touch with our wisdom: how to identify it, cultivate it, and enact it, and how to make ourselves healthier, wealthier, and wiser.

Download or read book Sentencing and Criminal Justice written by Andrew Ashworth and published by Bloomsbury Publishing. This book was released on 2021-07-15 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.