000 04287cam a2200349 a 4500
005 20250918153359.0
008 120510s2011 enk b |01 0 eng
020 _a9780521197809 (hardback)
_cRM
039 9 _a201306021433
_badnan
_c201305201246
_dsa'diah
_y05-10-2012
_zsa'diah
040 _aDLC
_cDLC
_dDLC
_dUKM
043 _ae-uk-en
090 _aC31.39KD.M535 2
090 _aC31.39KD
_b.M535 2
245 0 0 _aMitigation and aggravation at sentencing /
_cedited by Julian V. Roberts.
260 _aCambridge :
_bCambridge University Press,
_c2011.
300 _axvii, 285 p. ;
_c24 cm.
490 0 _aCambridge studies in law and society
504 _aIncludes bibliographical references and index.
504 _aIncludes bibliographical references and index.
505 8 _aMachine generated contents note: 1. Exploring aggravation and mitigation at sentencing Julian Roberts; 2. Re-evaluating the justifications for aggravation and mitigation at sentencing Andrew Ashworth; 3. The search for principles of mitigation: integrating cultural demands Allan Manson; 4. Personal mitigation at sentencing and assumptions about offending and desistance Joanna Shapland; 5. Intoxication as a sentencing factor: mitigating or aggravating? Nicola Padfield; 6. Beyond the partial excuse: Australasian approaches to provocation as a sentencing factor Arie Freiberg and Felicity Stewart; 7. Equality before the law: racial and social background factors as sources of mitigation at sentencing Kate Warner; 8. Personal mitigation: an empirical analysis in England and Wales Jessica Jacobson and Mike Hough; 9. Exploring public attitudes to sentencing factors in England and Wales Julian Roberts and Mike Hough; 10. The pernicious impact of perceived public opinion on sentencing: findings from an empirical study of the public's approach to personal mitigation Austin Lovegrove; 11. Addressing problematic sentencing factors in the development of guidelines Warren Young and Andrea King; 12. Proof of aggravating and mitigating facts at sentencing Kevin Reitz; 13. Mitigation in federal sentencing in the United States Will Berry; 14. The discretionary effect of mitigating and aggravating factors: a South African case study Stephan Terblanche.
520 _a'This innovative volume explores a fundamental issue in the field of sentencing: the factors which make a sentence more or less severe. All sentencing systems allow courts discretion to consider mitigating and aggravating factors, and many legislatures have placed a number of such factors on a statutory footing. Yet many questions remain regarding the theory and practice of mitigation and aggravation. Drawing on legal and sociological perspectives and examining mitigation and aggravation in various jurisdictions, the essays provide practical illustrations of specific factors as well as theoretical justifications. After the foreword by Andrew von Hirsch, a number of contributors address broad conceptual issues raised at sentencing. These contributions are followed by several empirical chapters including an exploration of personal mitigation in English courts. The authors are leading scholars from a range of common law jurisdictions including England and Wales, the United States, Canada, Australia, New Zealand and South Africa'--
_cProvided by publisher.
520 _a'Explicit guidance for sentencing decisions, and an explicit rationale to guide them, has been a notable feature of sentence-reform efforts over recent decades. In England and Wales, a system of sentencing guidelines is in place, based on statutory standards and guidelines provided by the Sentencing Council. Meanwhile, an extensive literature on sentencing theory has developed - for example, that based on notions of desert and proportionate sanctions, or on notions of'limiting retributivism' (see von Hirsch and Ashworth 2005FWD-003, chs. 9 and appendix 2)'--
_cProvided by publisher.
650 0 _aSentences (Criminal procedure)
_zEngland
_vCongresses.
700 1 _aRoberts, Julian V.
907 _a.b15357594
_b2021-05-28
_c2019-11-12
942 _c01
_n0
_kC31.39KD.M535 2
914 _avtls003500116
990 _amab
991 _aFakulti Undang-Undang
998 _au
_b2012-10-05
_cm
_da
_feng
_genk
_y0
_z.b15357594
999 _c519489
_d519489