מעודכן ל: 27.2.2024
Sentencing by
This book canvasses the law of sentencing in a way that no other books on criminal law and sentencing are able: it succinctly outlines all of the significant facets of sentencing principles and procedure, and provides the reader with a comprehensive range of sentencing for various offences.
Highlights: Clayton Ruby's commentary is Indispensable for criminal defence lawyers in navigating the complexities of sentencing law and procedure, and in formulating appropriate sentencing submissions; A "Range of Sentence" compilation serves as an invaluable resource for establishing sentencing ranges; Includes an appendix on sentencing statistics which offers a bird's-eye view of the dispositions and demographics of criminal offenders across Canada.
Implicating the System: Judicial Discourses in the Sentencing of Indigenous Women by
Indigenous women continue to be overrepresented in Canadian prisons; research demonstrates how their overincarceration and often extensive experiences of victimization are interconnected with and through ongoing processes of colonization. "Implicating the System: Judicial Discourses in the Sentencing of Indigenous Women" explores how judges navigate these issues in sentencing by examining related discourses in selected judgments from a review of 175 decisions.The feminist theory of the victimization-criminalization continuum informs Elspeth Kaiser-Derrick's work. She examines its overlap with the Gladue analysis, foregrounding decisions that effectively integrate gendered understandings of Indigenous women's victimization histories, and problematizing those with less contextualized reasoning. Ultimately, she contends that judicial use of the victimization-criminalization continuum deepens the Gladue analysis and augments its capacity to further its objectives of alternatives to incarceration.Kaiser-Derrick discusses how judicial discourses about victimization intersect with those about rehabilitation and treatment, and suggests associated problems, particularly where prison is characterized as a place of healing. Finally, she shows how recent incursions into judicial discretion, through legislative changes to the conditional sentencing regime that restrict the availability of alternatives to incarceration, are particularly concerning for Indigenous women in the system.
Achieving Consistency in Sentencing by
The Sentencing Council of England and Wales has as its core aim to promote consistency in sentencing, with a developed system of appellate guidance at sentencing in addition to a narrative guidelines system which is now two decades old. As such, there is much to analyse and many lessons to be learned - for England and Wales and other jurisdictions. Consistency in sentencing is widely regarded to be an essential component of a fair sentencing system; but what does consistency mean exactly? In Achieving Consistency in Sentencing , the author maintains that consistency incorporates both substantive and procedural elements, focussing upon the proper application of principle. The notion of comparing 'like' cases is rejected as simplistic, impractical, and unprincipled. Lyndon Harris argues that a more principled approach reconciles the tension between consistency and individualised justice which has been suggested to exist. The author uses clear empirical evidence of inconsistency in sentencing to emphasize the crucial need for discretion during the sentencing exercise which, he argues, should be structured in a way that encourages sentences to be imposed in accordance with the principles underpinning the scheme while maintaining the ability to individualise sentences. Using England and Wales as a case study, this work analyses various methods of structuring discretion. The latter part of the book examines the interplay between the primary givers of guidance: Parliament, the Court of Appeal (Criminal Division), and the Sentencing Council and draws conclusions (good and bad) as to ways in which consistency can be achieved. Lyndon Harris identifies lessons to be learned while pointing out the strengths and deficiencies in the various devices used to guide sentencing judges when they are required to exercise their discretion. The book draws attention to the need for greater flexibility and structure while emphasising the work that needs to be done to address racial and gender inconsistencies in sentencing. Thus, while providing a theoretically sound critique of the concept, this monograph is of direct practical relevance to those studying or practising in sentencing systems worldwide.
Sentencing and Criminal Justice by
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.
Sentencing and Punishment: The Quest for Justice by
Examining the theory behind the headlines and engaging with current debates, this new edition provides thoughtful, impartial, and unbiased coverage of sentencing and punishment in the UK. Collectively, Susan Easton and Christine Piper are highly experienced teachers and researchers in this field, making them perfectly placed to deliver this lively account of a highly dynamic subject area. The book takes a thorough and systematic approach to sentencing and punishment, examining key topics from legal, philosophical, and practical perspectives. Offering in-depth and detailed coverage, while remaining clear and succinct, the authors deliver a balanced approach to the subject. Chapter summaries, discussion questions, and case studies help students to engage with the subject, apply their knowledge, and reflect upon debates. Fully reworked and restructured, this fifth edition has been updated to include developments such as the Sentencing Act 2020 and changes following the 2019 general election. This is the essential guide for anyone studying sentencing and punishment as part of a law or criminology course.
Punishment: Theory and Practice by
What actions should be punished? Should plea-bargaining be allowed? How should sentencing be determined? In this original, penetrating study, Mark Tunick explores not only why society punishes wrongdoing, but also how it implements punishment. Contending that the theory and practice of punishment are inherently linked, Tunick draws on a broad range of thinkers, from the radical criticisms of Nietzsche, Foucault, and some Marxist theorists through the sociological theories of Durkheim and Girard to various philosophical traditions and the "law and economics" movement. He defends punishment against its radical critics and offers a version of retribution, distinct from revenge, that holds that we punish not to deter or reform, but to mete out just deserts, vindicate right, and express society's righteous anger. Demonstrating first how this theory best accounts for how punishment is carried out, he then provides "immanent criticism" of certain features of our practice that don't accord with the retributive principle. Thought-provoking and deftly argued, Punishment will garner attention and spark debate among political theorists, philosophers, legal scholars, sociologists, and criminologists.
Sentencing and Artificial Intelligence by
The first collective work devoted exclusively to the ethical and penal theoretical considerations of the use of artificial intelligence at sentencing Is it morally acceptable to use artificial intelligence (AI) in the determination of sentences on those who have broken the law? If so, how should such algorithms be used--and what are the consequences? Jesper Ryberg and Julian V. Roberts bring together leading experts to answer these questions. Sentencing and Artificial Intelligence investigates to what extent, and under which conditions, justice and the social good may be promoted by allocating parts of the most important task of the criminal court--that of determining legal punishment--to computerized sentencing algorithms. The introduction of an AI-based sentencing system could save significant resources and increase consistency across jurisdictions. But it could also reproduce historical biases, decrease transparency in decision-making, and undermine trust in the justice system. Dealing with a wide-range of pertinent issues including the transparency of algorithmic-based decision-making, the fairness and morality of algorithmic sentencing decisions, and potential discrimination as a result of these practices, this volume offers avaluable insight on the future of sentencing.
Sentencing and Human Rights: The Limits of Punishment by
This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. There has been little sustained consideration of the ways in which human rights act to safeguard the individual from substantive unfairness or injustice in the imposition of punishment. Human rights might be expected to play a pivotal role at the sentencing stage, regulating the process and substance of sentencing, mapping out the state's role, and affording it legitimacy in the imposition of punishment. The traditional view that sentencing theory is best understood as a branch of moral philosophy has obscured the importance of consideration of the special nature of state punishment as mediated by and through law and the significance of human rights principles, notably legality, proportionality, equality, and judicial responsibility for the determination of the sentence. Sarah J Summers focusses on sentencing practices which are widespread across Europe and indeed further afield and their compatibility with constitutional or human rights principles. Sentencing and Human Rights develops a systematic account of the importance of human rights principles at sentencing stage. Consideration of these principles provides the basis for an examination of the way in which they might be expected to limit important sentencing practices, such as the imposition of aggravated sentences for previous convictions, the treatment of confessions and mandatory minimum sentences. It is not just that punishment follows a multitude of aims but rather that the balance of these aims may, and in the context of lengthy prison sentences almost certainly will, change during the sentence. This examination of the human rights limits on the sentence suggests that it might be necessary to reconsider the way in which state punishment is conceptualised in sentencing theory.
שי לביא "צדק מתקן מפלילים - עיון מחודש ביחס שבין דיני עונשין ומשפט חוקתי" מגמות בפלילים: לאחר עשור לתיקון 39 לחוק העונשין 511 (אליעזר לדרמן, קרן שפירא-אטינגר ושי לביא עורכים 2010).
שמשון אטינגר "הודאת בעל דין במשפט העברי" מחקרים בהלכה ובמחשבת ישראל 143 (משה בר עורך תשנ"ד).
ברכיהו ליפשיץ "הודאה בנפשות ובממונות: על ספרו של אהרן קירשנבאום, "הרשעה עצמית במשפט העברי" דיני ישראל: שנתון לחקר המשפט העברי כג 199 (תשס"ה).
מעודכן ל: 27.2.2024
כל האזכורים של מקורות יש לאזכר לפי כללי האזכור האחיד והבלובוק. תלמידי קרימינולוגיה מאזכרים לפי APA. סרטוני הדרכה על אזכור חקיקה ופסיקה.
| תלמידי משפטים | תלמידי קרימינולוגיה |
| 1. חיפוש ספרים בקטלוג. מדריך לחיפוש בקטלוג. | 1. חיפוש ספרים בקטלוג. מדריך לחיפוש בקטלוג. |
| 2. חיפוש מאמרים ב"מפתח חיפה" ו"נבו". מדריך לחיפוש מאמרים. | 2. חיפוש מאמרים ב"מפתח חיפה". מדריך לחיפוש מאמרים. |
| 3. מומלץ לחפש מאמרים גם במרכז המחקר והמידע של הכנסת. | 3. מומלץ לחפש מאמרים גם במרכז המחקר והמידע של הכנסת. |
| 4. מאגר תזות במשפטים | 4. מאגר תזות במשפטים |
| 5. חיפוש מאמרים באנגלית במאגר LEGALTRAC (סרטון באנגלית) (סרטון בעברית) (סרטון בערבית) | 5. מאגר Proquest Criminal Justice |
| 6. מילון Black's Law Dictionary (מדריך לחיפוש במילון) | 6. מאגר APA Psycnet |
| 7.אנציקלופדיה American Jurisprudence 2nd (מדריך לחיפוש) | 7. מאגר SAGE Criminology and Criminal Justice |
| 8. אנציקלופדיה Corpus Juris (מדריך לחיפוש) | 8. מאגר HeinOnline’s Criminal Justice & Criminology |
| 9. מאגר ספרים ב- WESTLAW US (מדריך לחיפוש) |
9. אנציקלופדיה Oxford Research Encyclopedia of Criminology and Criminal Justice |
| 10. מאגר ספרים של MATTHEW BENDER ב-LEXIS (מדריך לחיפוש) |
10. אנציקלופדיה |
| 11. מאגר WESTLAW US (מדריך לחיפוש) | 11. USA - Congressional Research Reports (CRS) |
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12.USA - Congressional Research Reports (CRS) Canada - Research Publications |
12. Canada - Research Publications |
| 13. הסבר התחברות ל-RUMBA | 13. הסבר התחברות ל-RUMBA |