Criminal Sentencing as Practical Wisdom

Nonfiction, Reference & Language, Law, Criminal law
Cover of the book Criminal Sentencing as Practical Wisdom by Dr Graeme Brown, Bloomsbury Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Dr Graeme Brown ISBN: 9781509902620
Publisher: Bloomsbury Publishing Publication: June 1, 2017
Imprint: Hart Publishing Language: English
Author: Dr Graeme Brown
ISBN: 9781509902620
Publisher: Bloomsbury Publishing
Publication: June 1, 2017
Imprint: Hart Publishing
Language: English

How do judges sentence? In particular, how important is judicial discretion in sentencing? Sentencing guidelines are often said to promote consistency, but is consistency in sentencing achievable or even desirable? Whilst the passing of a sentence is arguably the most public stage of the criminal justice process, there have been few attempts to examine judicial perceptions of, and attitudes towards, the sentencing process.

Through interviews with Scottish judges and by presenting a comprehensive review and analysis of recent scholarship on sentencing – including a comparative study of UK, Irish and Commonwealth sentencing jurisprudence – this book explores these issues to present a systematic theory of sentencing. Through an integration of the concept of equity as particularised justice, the Aristotelian concept of phronesis (or 'practical wisdom'), the concept of value pluralism, and the focus of appellate courts throughout the Commonwealth on sentencing by way of 'instinctive synthesis', it is argued that judicial sentencing methodology is best viewed in terms of a phronetic synthesis of the relevant facts and circumstances of the particular case. The author concludes that sentencing is best conceptualised as a form of case-orientated, concrete and intuitive decision making; one that seeks individualisation through judicial recognition of the profoundly contextualised nature of the process.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

How do judges sentence? In particular, how important is judicial discretion in sentencing? Sentencing guidelines are often said to promote consistency, but is consistency in sentencing achievable or even desirable? Whilst the passing of a sentence is arguably the most public stage of the criminal justice process, there have been few attempts to examine judicial perceptions of, and attitudes towards, the sentencing process.

Through interviews with Scottish judges and by presenting a comprehensive review and analysis of recent scholarship on sentencing – including a comparative study of UK, Irish and Commonwealth sentencing jurisprudence – this book explores these issues to present a systematic theory of sentencing. Through an integration of the concept of equity as particularised justice, the Aristotelian concept of phronesis (or 'practical wisdom'), the concept of value pluralism, and the focus of appellate courts throughout the Commonwealth on sentencing by way of 'instinctive synthesis', it is argued that judicial sentencing methodology is best viewed in terms of a phronetic synthesis of the relevant facts and circumstances of the particular case. The author concludes that sentencing is best conceptualised as a form of case-orientated, concrete and intuitive decision making; one that seeks individualisation through judicial recognition of the profoundly contextualised nature of the process.

More books from Bloomsbury Publishing

Cover of the book Have You Heard by Dr Graeme Brown
Cover of the book The Imperial History Wars by Dr Graeme Brown
Cover of the book The House of Islam by Dr Graeme Brown
Cover of the book Child of the Twenties by Dr Graeme Brown
Cover of the book Human Rights Obligations of Non-State Armed Groups by Dr Graeme Brown
Cover of the book Recent Trends In Transfer Pricing Intangibles, GAAR and BEPS by Dr Graeme Brown
Cover of the book Butterfly Grave by Dr Graeme Brown
Cover of the book The Stuff of Life by Dr Graeme Brown
Cover of the book Hagiography and Religious Truth by Dr Graeme Brown
Cover of the book Sex on Earth by Dr Graeme Brown
Cover of the book Pollen Street by Dr Graeme Brown
Cover of the book War Time, Peace Time, My Time by Dr Graeme Brown
Cover of the book Attlee by Dr Graeme Brown
Cover of the book The Byrds' The Notorious Byrd Brothers by Dr Graeme Brown
Cover of the book Coward Plays: Nine by Dr Graeme Brown
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy