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Principled Sentencing 2nd ed

Edited by: Andrew Ashworth, Andrew von Hirsch, Julian Roberts

ISBN13: 9781901362138

ISBN: 1901362132

New Edition ISBN: 9781841137179

Published: April 1998

Publisher: Hart Publishing

Format: Paperback

Price: Out of print

Hardback edition out of print, ISBN13 9781901362121

A collection of extracts on sentencing philosophy and policy. This edition includes three new chapters on restorative justice, law and order perspectives and postmodernist perspectives. Each chapter has an introduction and bibliography, all of which have been revised and updated.

Subjects:: Criminal Law

Contents:: Part 1 Rehabilitation: the model penal code; how effective are penal treatments; the decline of the rehabilitative ideal; reaffirming rehabilitation; should penal rehabilitationism be revived?; a new form of rehabilitation.; Part 2 Deterrence: punishment and deterrence; optimal sanctions - any upper limits?; deterrence research and deterrence policies; deterrence theory - its moral problems.; Part 3 Incapacitation: sentencing on the basis of risk - the model sentencing act; the problem of false positives; incapacitation, dangerousness and forfeiture of rights; incapacitation and ""vivid danger""; incapacitation; selective incapacitation - some doubts; selective incapacitation - the debate over its ethics. Part Desert: the moral worth of retribution; desert - some doubts; desert and penance; proportionate sentences - a desert perspective; desert as a limiting principle; seriousness, severity and the living standard; desert and previous convictions; parsimony and desert in sentencing; mitigation for socially deprived offenders.; Part 5 Structuring sentencing discretion: lawlessness in sentencing; four techniques for reducing sentence disparity; the Swedish sentencing law.; Part 6 Community punishments: ""alternatives"" to incarceration - substitutes or supplements?; the unit fine - monetary sanctions apportioned to income; intensive supervision probation - how and for whom?; non-custodial penalties and the principle of proportionality; interchangeability, desert limits and equivalence of function.; Part 7 Restorative justice: conflicts as property; republicanism in sentencing - recognition, recompense and reassurance; desert and three Rs; reparation and retribution - are they reconcilable?; reparation, retribution and rights.; Part 8 External critiques of sentencing theory: the limits of legal ideology; sociological perspectives on punishment; punishment and community.; Part 9 ""Law and order"".