Principled Sentencing 3e / Edition 3

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Overview

This new, third edition of Principled Sentencing provides students of law, legal philosophy, criminology, and criminal justice with a comprehensive selection of the leading scholarship on contemporary sentencing. The volume offers a wide range of critical readings relating to the key moral, philosophical, and policy issues in sentencing today. The structure of the book remains the same as the previous editions, although the new volume contains many new readings on subjects that have recently emerged and which have consequences for sentencing in many jurisdictions. These additional chapters reflect the significant evolution of the field since the previous edition was published in 1998. As before, each chapter begins with an introduction by one of the editors and concludes with a bibliography of further readings. All the chapters have been substantially revised, as have the editorial introductions.
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Product Details

  • ISBN-13: 9781841137179
  • Publisher: Intl Specialized Book Service Inc
  • Publication date: 3/17/2009
  • Edition description: REV
  • Edition number: 3
  • Pages: 389
  • Product dimensions: 6.70 (w) x 9.50 (h) x 1.00 (d)

Table of Contents

Preface to the Third Edition v

Publisher's Note vii

Chapter 1 Rehabilitation 1

1.1 The Decline of the Rehabilitative Ideal Francis A Allen 11

1.2 Empirical Research Relevant to Sentencing Frameworks: Reform and Rehabilitation Anthony Bottoms 16

1.3 Assessing the Research on 'What Works' Peter Raynor 19

1.4 Reaffirming Rehabilitation Francis T Cullen Karen E Gilbert 28

1.5 Should Penal Rehabilitationism Be Revived? Andrew von Hirsch Lisa Maher 33

Chapter 2 Deterrence 39

2.1 Studies of the Impact of New Harsh Sentencing Regimes AN Doob CM Webster 49

2.2 Punishment and Deterrence Jeremy Bentham 53

2.3 Deterrent Sentencing as a Crime Prevention Strategy Andrew von Hirsch Anthony E Bottoms Elizabeth Burney Per-Olot Wikstr&oumlet;m 57

2.4 Optimal Sanctions: Any Upper Limits? Richard Posner 64

2.5 Offenders' Thought Processes AN Doob CM Webster 71

Chapter 3 Incapacitation 75

3.1 Incapacitation and "Vivid Danger" AE Bottoms Roger Brownsword 83

3.2 Extending Sentences for Dangerousness: Reflections on the Bottoms-Brownsword Model Andrew von Hirsch Andrew Ashworth 85

3.3 Incapacitation Within Limits Norval Morris 90

3.4 Predictive Sentencing and Selective Incapacitation Andrew von Hirsch Lila Kazemian 95

Chapter 4 Desert 102

4.1 The Moral Worth of Retribution Michael S Moore 110

4.2 Proportionate Sentences: a Desert Perspective Andrew von Hirsch 115

4.3 Punishment, Retribution and Communication RA Duff 126

4.4 Limiting Retributivism Richard S Frase 135

4.5 Seriousness, Severity and the Living Standard Andrew von Hirsch 143

4.6 The Recidivist Premium: For and Against Julian V Roberts Andrew von Hirsch 148

Chapter 5 RestorativeJustice 163

5.1 Conflicts as Property Nils Christie 174

5.2 Restoration and Retribution RA Duff 178

5.3 Reparation and Retribution: Are They Reconcilable? Lucia Zedner 189

5.4 Normative Constraints: Principles of Penality Jim Dignan 199

5.5 Restorative Justice: An Alternative to Punishment or an Alternative Form of Punishment? Gerry Johnstone 206

5.6 Specifying Aims and Limits for Restorative Justice: A 'Making Amends' Model? Andrew von Hirsch Andrew Ashworth Clifford Shearing 211

5.7 The Limits of Restorative Justice Kathleen Daly 218

Chapter 6 Structuring Sentencing Discretion 229

6.1 Lawlessness in Sentencing Marvin Frankel 237

6.2 Techniques for Reducing Sentence Disparity Andrew Ashworth 243

6.3 The Swedish Sentencing Law Andrew von Hirsch Nils Jareborg 258

6.4 Sentencing Policy Development under the Minnesota Sentencing Guidelines Richard S Frase 270

6.5 Institutional Consistency: Appeal Court Judgements Cyrus Tata 276

6.6 Criticisms of Mandatory Minimums Cassia Spohn 279

6.7 Sentencing Information System (SIS) Experiments Marc Miller 283

Chapter 7 Sentencing Young Offenders 294

7.1 United Nations Standard Minimum Rules for the Administration of Juvenile Justice ("The Beijing Rules") 307

7.2 United Nations Convention on the Rights of the Child 313

7.3 Rationales for Distinctive Penal Policies for Youth Offenders Franklin E Zimring 316

7.4 Reduced Penalties for Juveniles: the Normative Dimension Andrew von Hirsch 323

7.5 The Transformation of the American Juvenile Court Barry C Feld 331

7.6 Restraining the Use of Custody for Young Offenders: The Canadian Approach Nicholas Bala Julian V Roberts 338

Chapter 8 Doing Justice to Difference: Diversity and Sentencing 342

8.1 Abandoning Sentence Discounts for Guilty Pleas Michael Tonry 351

8.2 Individualizing Punishments Michael Tonry 354

8.3 Hanging Judges and Wayward Mechanics: Reply to Michael Tonry Ian Brownlee 359

8.4 Justice and Difference Barbara A Hudson 366

Index 379

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