Towards restorative sentencing in international criminal trials.
International Criminal Law Review, 9 , Abingdon: Routledge. Hutchinson, S. Countering catastrophic criminology: reform, punishment and the modern liberal compromise. Punishment and Society, 8 , Hutton, N. Sentencing, inequality and justice. Jackson, J. Finding the best epistemic fit for international criminal tribunals: beyond the adversarial-inquisitorial dichotomy. Journal of International Criminal Justice, 7 , Johnstone, G. Restorative justice: Ideas, values, debates.
King, M. Law and Human Behaviour, 2 , Langer, M. The rise of managerial judging in international criminal law. American Journal of Comparative Law, 53 , Lemert, E. Human deviance, social problems and social control 2nd ed. Loader, I. British Journal of Criminology, 46 , Mathiesen, T.
Ralph Henham (ed): Sentencing and the legitimacy of trial justice | SpringerLink
Prison on trial. London: Sage Publications. Morris, N. Garland Eds. Mythen, G.
Criminology and terrorism: Which thesis? Risk society or governmentality? Pratt, J. Dangerousness, risk and technologies of power.
Australian and New Zealand Journal of Criminology, 28 , 3. Roberts, J. Understanding public attitudes to criminal justice. Maidenhead: Open University Press. Rogers, L. The contextuality of objectivity in sentencing among legal professionals in South Australia. International Journal of the Sociology of Law, 27 , Sarre, R. Canberra: Australian Institute of Criminology. Simon, J. Governing through crime: how the war on crime transformed American democracy and created a culture of fear. New York: Oxford University Press. Skolnick, J. Justice without trial.
Strauss, D. Reply: legitimacy and obedience. Sudnow, D. Where an offender pleads not guilty and the case is the subject of a defended hearing, the judge who presided at the trial will impose a sentence based on the evidence that is heard at trial. Where an offender pleads guilty, the prosecution will provide a summary of facts for sentencing. The judge will then hear evidence about the offending and will make factual findings in the same way as if a full trial had occurred.
Offenders are sentenced in open court. Members of the public and media representatives may attend. Before the hearing, the judge will read any reports prepared for sentencing purposes including written submissions filed by lawyers representing the Crown the prosecution and the offender. In addition, the lawyers may also make oral submissions at the hearing. This provides an opportunity for the lawyers to emphasise points of particular importance to their respective cases. Counsel appearing for the Crown may draw attention to particular facts of the case, aggravating features that the offender was in a position of trust in relation to the victim, that the victim was particularly vulnerable etc , whether the offence is prevalent either nationally or locally, and what form of sentence and sentencing range is considered appropriate in all the circumstances of the case.
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- Penal ideology, sentencing and the legitimacy of trial justice | SpringerLink!
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Counsel appearing for the offender may emphasise mitigating features the youth of the offender, extenuating circumstances which existed at the time of the offence etc and also endeavour to persuade the judge as to the form of penalty and, where appropriate, its length. Either lawyer may also make submissions about other relevant issues such as whether the offender should be allowed to apply for home detention. Once the oral submissions are completed, the judge will hand down the sentence. The judge will orally explain the reasons for the sentence and formally sentence the offender.
The offender, of course, is entitled to be told why the particular sentence is being imposed. But in addition the victim, the Crown and the public also have a legitimate interest in the sentencing outcome. The judge will often try and explain the sentence for the benefit of the public at large if likely to be reported by the media , so that people can understand the consequences of offending.
The judge will also be conscious that the sentence may be considered for an appeal; in which case the sentencing decision will be scrutinised by another court to ensure that the sentence was reached correctly. A major consideration in arriving at a particular sentence is the need for consistency. Although the circumstances of different cases and different offenders are never the same, it is nonetheless a requirement of sentencing that the sentences imposed by different judges are generally consistent.
Because different cases are never identical, individual sentences are required to fall within what is often termed the "acceptable range" of sentences for that offence.
- Penal ideology, sentencing and the legitimacy of trial justice;
- Penal ideology, sentencing and the legitimacy of trial justice;
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There is, therefore, scope for the judge to take account of factors personal to the offender, provided that the sentence remains within the permitted range. While the Court of Appeal does not sentence defendants, it has a role in correcting sentences which it considers to be wrong and giving sentencing guideline judgments. Developing contextualised rationales for sentencing in international criminal trials: a plea for empirical research.
Towards restorative sentencing in international criminal trials. Countering catastrophic criminology: reform, punishment and the modern liberal compromise. Sentencing, inequality and justice. Finding the best epistemic fit for international criminal tribunals: beyond the adversarial-inquisitorial dichotomy. Restorative justice: Ideas, values, debates. The rise of managerial judging in international criminal law. Human deviance, social problems and social control. A reader on punishment. Criminology and terrorism: Which thesis? Risk society or governmentality?
Dangerousness, risk and technologies of power. Understanding public attitudes to criminal justice. The contextuality of objectivity in sentencing among legal professionals in South Australia. Governing through crime: how the war on crime transformed American democracy and created a culture of fear. Justice without trial. Reply: legitimacy and obedience. Normal crimes: sociological features of the penal code in a Public Defender Office. Realistic socio-legal theory. Why people obey the law. Deviance and social control. Securing liberty in the face of terror: reflections from criminal justice.
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