The Sentencing Council of England and Wales has as its core aim to promote consistency in sentencing, with a developed system of appellate guidance at sentencing in addition to a narrative guidelines system which is now two decades old. As such, there is much to analyse and many lessons to be learned - for England and Wales and other jurisdictions. Consistency in sentencing is widely regarded to be an essential component of a fair sentencing system; but what does consistency mean exactly? In Achieving Consistency in Sentencing , the author maintains that consistency incorporates both substantive and procedural elements, focussing upon the proper application of principle. The notion of comparing 'like' cases is rejected as simplistic, impractical, and unprincipled. Lyndon Harris argues that a more principled approach reconciles the tension between consistency and individualised justice which has been suggested to exist. The author uses clear empirical evidence of inconsistency in sentencing to emphasize the crucial need for discretion during the sentencing exercise which, he argues, should be structured in a way that encourages sentences to be imposed in accordance with the principles underpinning the scheme while maintaining the ability to individualise sentences. Using England and Wales as a case study, this work analyses various methods of structuring discretion. The latter part of the book examines the interplay between the primary givers of guidance: Parliament, the Court of Appeal (Criminal Division), and the Sentencing Council and draws conclusions (good and bad) as to ways in which consistency can be achieved. Lyndon Harris identifies lessons to be learned while pointing out the strengths and deficiencies in the various devices used to guide sentencing judges when they are required to exercise their discretion. The book draws attention to the need for greater flexibility and structure while emphasising the work that needs to be done to address racial and gender inconsistencies in sentencing. Thus, while providing a theoretically sound critique of the concept, this monograph is of direct practical relevance to those studying or practising in sentencing systems worldwide.
The Sentencing Council of England and Wales has as its core aim to promote consistency in sentencing, with a developed system of appellate guidance at sentencing in addition to a narrative guidelines system which is now two decades old. As such, there is much to analyse and many lessons to be learned - for England and Wales and other jurisdictions. Consistency in sentencing is widely regarded to be an essential component of a fair sentencing system; but what does consistency mean exactly? In Achieving Consistency in Sentencing , the author maintains that consistency incorporates both substantive and procedural elements, focussing upon the proper application of principle. The notion of comparing 'like' cases is rejected as simplistic, impractical, and unprincipled. Lyndon Harris argues that a more principled approach reconciles the tension between consistency and individualised justice which has been suggested to exist. The author uses clear empirical evidence of inconsistency in sentencing to emphasize the crucial need for discretion during the sentencing exercise which, he argues, should be structured in a way that encourages sentences to be imposed in accordance with the principles underpinning the scheme while maintaining the ability to individualise sentences. Using England and Wales as a case study, this work analyses various methods of structuring discretion. The latter part of the book examines the interplay between the primary givers of guidance: Parliament, the Court of Appeal (Criminal Division), and the Sentencing Council and draws conclusions (good and bad) as to ways in which consistency can be achieved. Lyndon Harris identifies lessons to be learned while pointing out the strengths and deficiencies in the various devices used to guide sentencing judges when they are required to exercise their discretion. The book draws attention to the need for greater flexibility and structure while emphasising the work that needs to be done to address racial and gender inconsistencies in sentencing. Thus, while providing a theoretically sound critique of the concept, this monograph is of direct practical relevance to those studying or practising in sentencing systems worldwide.
Transcribing and selecting the most stunning moments from hundreds of hours of newly released LBJ tapes, Beschloss has added another permanent treasure to the American historical record. Throughout this incredible narrative, he provides keen commentary and historical contexts, revealing just how profoundly LBJ changed the presidency--and America itself.
We, the Jury is the dramatic story of seven jurors, who convicted Scott Peterson of murdering his wife, Laci, and their unborn son, Conner, despite a series of internal battles that brought the first major murder trial of the 21st century to the brink of a mistrial. The Peterson jurors argued and disagreed but eventually bonded to seal the fate of the icy killer who dumped his victims into the bullet-gray waters of San Francisco Bay. The seven jurors of We, the Jury were seven average Americans who never imagined the horrors they would face or the phantoms that would haunt them after they convicted the enigmatic murderer and recommended that he be put to death. This is the story of how the American jury system worked after being battered by critics for the way it functioned in the trials of O.J. Simpson and Michael Jackson. Unlike the jurors in those trials, who second-guessed themselves, the Peterson jurors do not question their decisions. It wasn’t one thing that condemned Scott Peterson, it was everything.
After a highly publicized and controversial exit from Mormonism, Lamborn intertwines the story of his awakening with psychological aspects of religious belief.
Comparison of the UK and the USA labour relations system, with particular reference to grievance and labour disputes procedures - comments on relevant labour legislation, and covers dispute settlement (incl. Compulsory arbitration), the strike problem, collective bargaining, the role of trade union leadership, collective agreements, working conditions, labour court arbitration, redundancy payments, etc. References.
In this volume, a companion to Feminist Interpretations and Political Theory (Penn State, 1991) edited by Mary Lyndon Shanley and Carole Pateman, leading feminist theorists rethink the traditional concepts of political theory and expand the range of problems and concerns regarded as central to the analysis of political life. Written by well-known scholars in philosophy, political science, sociology, and law, the book provides a rich interdisciplinary account of key issues in political thought. While some of the chapters discuss traditional concepts such as rights, power, freedom, and citizenship, others argue that topics less frequently discussed in political theory--such as the family, childhood, dependency, compassion and suffering--are just as significant for an understanding of political life. The Introduction shows how such diverse topics can be linked together and how feminist political theory can be elaborated systematically if it takes notions of independence and dependency, public and private, and power and empowerment as central to its agenda.
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