Sentencing The Self Convicted

eBook Download

BOOK EXCERPT:

This book addresses the fundamental ethical and legal aspects, penal consequences, and social context arising from a citizen's acceptance of guilt. The focus is upon sentencing people who have pleaded guilty; in short, post-adjudication, rather than issues arising from discussions in the pretrial phase of the criminal process. The vast majority of defendants across all common law jurisdictions plead guilty and as a result receive a reduced sentence. Concessions by a defendant attract more lenient State punishment in all western legal systems. The concession is significant: At a stroke, a guilty plea relieves the State of the burden of proving the defendant's guilt beyond a reasonable doubt, and in open court. Plea-based sentencing has become even more visible in recent years. The book provides insightful commentary on the following questions: - If an individual voluntarily accepts guilt, should the State receive this plea without further investigation or any disinterested adjudication? - Is it ethically acceptable to allow suspects and defendants, to self-convict in this manner, without independent confirmation and evidence to support a conviction? - If it is acceptable, what is the appropriate State response to such offenders? - If the defendant is detained pretrial, the ability to secure release in return for a plea may be particularly enticing. Might it be too enticing, resulting in wrongful convictions?

Product Details :

Genre : Law
Author : Julian V Roberts
Publisher : Bloomsbury Publishing
Release : 2023-02-23
File : 253 Pages
ISBN-13 : 9781509957453


Sentencing The Self Convicted

eBook Download

BOOK EXCERPT:

This book addresses the fundamental ethical and legal aspects, penal consequences, and social context arising from a citizen's acceptance of guilt. The focus is upon sentencing people who have pleaded guilty; in short, post-adjudication, rather than issues arising from discussions in the pretrial phase of the criminal process. The vast majority of defendants across all common law jurisdictions plead guilty and as a result receive a reduced sentence. Concessions by a defendant attract more lenient State punishment in all western legal systems. The concession is significant: At a stroke, a guilty plea relieves the State of the burden of proving the defendant's guilt beyond a reasonable doubt, and in open court. Plea-based sentencing has become even more visible in recent years. The book provides insightful commentary on the following questions: - If an individual voluntarily accepts guilt, should the State receive this plea without further investigation or any disinterested adjudication? - Is it ethically acceptable to allow suspects and defendants, to self-convict in this manner, without independent confirmation and evidence to support a conviction? - If it is acceptable, what is the appropriate State response to such offenders? - If the defendant is detained pretrial, the ability to secure release in return for a plea may be particularly enticing. Might it be too enticing, resulting in wrongful convictions?.

Product Details :

Genre : Comparative law
Author : Julian V. Roberts
Publisher :
Release : 2023
File : 0 Pages
ISBN-13 : 1509957464


Punishment For The Greater Good

eBook Download

BOOK EXCERPT:

Punishment for the Greater Good examines the justification of punishment in the here and now, recognizing that we are uncertain about matters of both fact and value. With over ten million people incarcerated around the world, we don't have time to wait for the perfect moral theory: Kolber shows how to do the best we can with what we already know.

Product Details :

Genre : Law
Author : Adam J. Kolber
Publisher : Oxford University Press
Release : 2024
File : 265 Pages
ISBN-13 : 9780197672778


The Oxford Handbook Of The Philosophy Of Punishment

eBook Download

BOOK EXCERPT:

Product Details :

Genre : Social Science
Author : Jesper Ryberg
Publisher : Oxford University Press
Release : 2024-11
File : 745 Pages
ISBN-13 : 9780197750506


Federal Sentencing Revision

eBook Download

BOOK EXCERPT:

Product Details :

Genre :
Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Criminal Justice
Publisher :
Release : 1987
File : 812 Pages
ISBN-13 : UOM:39015032037817


Atrocity Punishment And International Law

eBook Download

BOOK EXCERPT:

This book argues that accountability for extraordinary atrocity crimes should not uncritically adopt the methods and assumptions of ordinary liberal criminal law. Criminal punishment designed for common criminals is a response to mass atrocity and a device to promote justice in its aftermath. This book comes to this conclusion after reviewing the sentencing practices of international, national, and local courts and tribunals that punish atrocity perpetrators. Sentencing practices of these institutions fail to attain the goals that international criminal law ascribes to punishment, in particular retribution and deterrence. Fresh thinking is necessary to confront the collective nature of mass atrocity and the disturbing reality that individual membership in group-based killings is often not maladaptive or deviant behavior but, rather, adaptive or conformist behavior. This book turns to a modern, and adventurously pluralist, application of classical notions of cosmopolitanism to advance the frame of international criminal law to a broader construction of atrocity law and towards an interdisciplinary, contextual, and multicultural conception of justice.

Product Details :

Genre : Law
Author : Mark A. Drumbl
Publisher : Cambridge University Press
Release : 2007-04-30
File : 211 Pages
ISBN-13 : 9781139464567


Previous Convictions At Sentencing

eBook Download

BOOK EXCERPT:

This latest volume in the Penal Theory and Penal Ethics series addresses one of the oldestquestions in the field of criminal sentencing: should an offender's previous convictions affect the sentence? Although there is an extensive literature on the definition and use of criminal history information, the emphasis here is on the theoretical and normative aspects of considering previous convictions at sentencing. Several authors explore the theory underlying the practice of mitigating the punishments for first offenders, while others put forth arguments for enhancing sentences for recidivists.

Product Details :

Genre : Law
Author : Julian V Roberts
Publisher : Bloomsbury Publishing
Release : 2014-10-01
File : 335 Pages
ISBN-13 : 9781782256069


March S Thesaurus Dictionary

eBook Download

BOOK EXCERPT:

Product Details :

Genre : English language
Author : Francis Andrew March
Publisher :
Release : 1925
File : 1502 Pages
ISBN-13 : STANFORD:36105129721804


Women Crime And Punishment In Ancient Law And Society

eBook Download

BOOK EXCERPT:

The ancient period of Greek history, to which this volume is devoted, began in late Bronze Age in the second millennium and lasted almost to the end of the first century BCE, when the last remnant of the Hellenistic empire created by Alexander the Great was conquered by the Romans. Extant texts of law of actual laws are few and often found embedded in other sources, such as the works of orators and historians. Greek literature, from the epics of Homer to the classical dramas, provides a valuable source of information. However, since literary sources are fictional portrayals and often reflect the times and biases of the authors, other more concrete evidence from archaeology has been used throughout the volume to confirm and contextualize the literary evidence about women, crime, and punishment in ancient Greece. The volume is divided into three parts: (I) Mykenean and Archaic Greece, (II) Classical Greece, and (III the Hellenistic Period. The book includes illustrations, maps, lists of Hellenistic dynasties, and Indices of Persons, Place and Subjects. Crime and punishment, criminal law and its administration, are areas of ancient history that have been explored less than many other aspects of ancient civilizations. Throughout history women have been affected by crime both as victims and as offenders. In the ancient world, customary laws were created by men, formal laws were written by men, and both were interpreted and enforced by men. This two-volume work explores the role of gender in the formation and administration of ancient law and examines the many gender categories and relationships established in ancient law, including legal personhood, access to courts, citizenship, political office, religious office, professions, marriage, inheritance, and property ownership. Thus it focuses on women and crime within the context of women in the society.

Product Details :

Genre : History
Author : Elisabeth Meier Tetlow
Publisher : A&C Black
Release : 2005-06-24
File : 384 Pages
ISBN-13 : 0826416292


The Imperial Lexicon Of The English Language

eBook Download

BOOK EXCERPT:

Product Details :

Genre : English language
Author : John Boag
Publisher :
Release : 1850
File : 854 Pages
ISBN-13 : UOM:39015039333706