Principled Sentencing: Readings on Theory and Policy

Principled Sentencing: Readings on Theory and Policy


Edited by Andrew von Hirsch, Edited by A. J. Ashworth, Edited by Julian Roberts, Contributions by Anthony E. Bottoms, Contributions by Francis T. Cullen, Contributions by Lucia Zedner, Contributions by Kathleen Daly, Contributions by Elizabeth Burney, Contributions by Franklin E. Zimring, Contributions by Anthony Doob

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  • Publisher: Hart Publishing
  • Format: Paperback | 262 pages
  • Dimensions: 170mm x 242mm x 24mm | 721g
  • Publication date: 17 March 2009
  • Publication City/Country: Oxford
  • ISBN 10: 1841137170
  • ISBN 13: 9781841137179
  • Edition: 3
  • Edition statement: 3rd ed.
  • Illustrations note: black & white tables
  • Sales rank: 634,325

Product description

This new, third edition of Principled Sentencing offers students of law, legal philosophy, criminology and criminal justice a wide-ranging selection of the leading scholarship on contemporary sentencing. The volume offers readers critical readings relating to the key moral, philosophical and policy issues in sentencing today. It contains many new readings on subjects that have recently emerged and which have consequences for sentencing in many jurisdictions. The contents of each chapter consists of a selection of readings, some very recent, some more timeless - but each in its own way important to the field. As before, each chapter begins with an introduction by one of the editors accompanied by a selection of further readings. All the chapters have been substantially revised, as have the editorial introductions.

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Author information

Andrew Ashworth, QC, DCL, FBA is the Vinerian Professor of English Law at the University of Oxford and a Fellow of All Souls College. Andrew von Hirsch is Honorary Professor of Penal Theory and Penal Law at the University of Cambridge and an Honorary Fellow of Wolfson College. Julian Roberts is Professor of Criminology at the University of Oxford and a Fellow of Worcester College.

Table of contents

Chapter 1: Rehabilitation 1.1 The Decline of the Rehabilitative Ideal Francis A Allen 1.2 Empirical Research Relevant to Sentencing Frameworks:Reform and Rehabilitation Anthony Bottoms 1.3 Assessing the Research on 'What Works' Peter Raynor 1.4 Reaffirming Rehabilitation Francis T Cullen and Karen E Gilbert 1.5 Should Penal Rehabilitationism Be Revived? Andrew von Hirsch and Lisa Maher Chapter 2: Deterrence 2.1 Studies of the Impact of New Harsh Sentencing Regimes AN Doob and CM Webster 2.2 Punishment and Deterrence Jeremy Bentham 2.3 Deterrent Sentencing as a Crime Prevention Strategy Andrew von Hirsch, Anthony E Bottoms, Elizabeth Burney and Per-Olot Wikstrom 2.4 Optimal Sanctions: Any Upper Limits? Richard Posner 2.5 Offenders' Thought Processes AN Doob and CM Webster Chapter 3: Incapacitation 3.1 Incapacitation and "Vivid Danger" AE Bottoms and Roger Brownsword 3.2 Extending Sentences for Dangerousness: Reflections on the Bottoms-Brownsword Model Andrew von Hirsch and Andrew Ashworth 3.3 Incapacitation Within Limits Norval Morris 3.4 Predictive Sentencing and Selective Incapacitation Andrew von Hirsch and Lila Kazemian Chapter 4: Desert 4.1 The Moral Worth of Retribution Michael S Moore 4.2 Proportionate Sentences: a Desert Perspective Andrew von Hirsch 4.3 Punishment, Retribution and Communication RA Duff 4.4 Limiting Retributivism Richard S Frase 4.5 Seriousness, Severity and the Living Standard Andrew von Hirsch 4.6 The Recidivist Premium: For and Against Julian V Roberts and Andrew von Hirsch Chapter 5: Restorative Justice 5.1 Conflicts as Property Nils Christie 5.2 Restoration and Retribution RA Duff 5.3 Reparation and Retribution: Are They Reconcilable? Lucia Zedner 5.4 Normative Constraints: Principles of Penality Jim Dignan 5.5 Restorative Justice: An Alternative to Punishment or an Alternative Form of Punishment? Gerry Johnstone 5.6 Specifying Aims and Limits for Restorative Justice: A 'Making Amends' Model? Andrew von Hirsch, Andrew Ashworth and Clifford Shearing 5.7 The Limits of Restorative Justice Kathleen Daly Chapter 6: Structuring Sentencing Discretion 6.1 Lawlessness in Sentencing Marvin Frankel 6.2 Techniques for Reducing Sentence Disparity Andrew Ashworth 6.3 The Swedish Sentencing Law Andrew von Hirsch and Nils Jareborg 6.4 Sentencing Policy Development under the Minnesota Sentencing Guidelines Richard S Frase 6.5 Institutional Consistency: Appeal Court Judgements Cyrus Tata 6.6 Criticisms of Mandatory Minimums Cassia Spohn 6.7 Sentencing Information System (SIS) Experiments Marc Miller Chapter 7: Sentencing Young Offenders 7.1 United Nations Standard Minimum Rules for the Administration of Juvenile Justice ("The Beijing Rules") 7.2 United Nations Convention on the Rights of the Child 7.3 Rationales for Distinctive Penal Policies for Youth Offenders Franklin E Zimring 7.4 Reduced Penalties for Juveniles: the Normative Dimension Andrew von Hirsch 7.5 The Transformation of the American Juvenile Court Barry C Feld 7.6 Restraining the Use of Custody for Young Offenders: The Canadian Approach Nicholas Bala and Julian V Roberts Chapter 8: Doing Justice to Difference: Diversity and Sentencing 8.1 Abandoning Sentence Discounts for Guilty Pleas Michael Tonry 8.2 Individualizing Punishments Michael Tonry 8.3 Hanging Judges and Wayward Mechanics: Reply to Michael Tonry Ian Brownlee 8.4 Justice and Difference Barbara A Hudson