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Concurrent and Consecutive Sentences Revisited

Martin Wasik

in Principles and Values in Criminal Law and Criminal Justice: Essays in Honour of Andrew Ashworth

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199696796
eISBN:
9780191742293
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696796.003.0017
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

The difficulties thrown up by concurrent and consecutive sentences for multiple offences, Ashworth has argued, ‘should not be allowed to stifle the search for some general principles’. This chapter ... More


Paying for the Past: The Recidivist Sentencing Premium

Roberts Julian V

in Punishing Persistent Offenders: Exploring Community and Offender Perspectives

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199283897
eISBN:
9780191700262
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199283897.003.0001
Subject:
Law, Criminal Law and Criminology

Should previous criminal convictions count against offenders at sentencing? If they are relevant for the purposes of sentencing, how should they be considered? How much weight should they carry ... More


Proportionate Sentencing and the Rule of Law

Malcolm Thorburn

in Principles and Values in Criminal Law and Criminal Justice: Essays in Honour of Andrew Ashworth

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199696796
eISBN:
9780191742293
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696796.003.0016
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This chapter focuses on two of Ashworth's most cherished principles of criminal justice: the ‘strong proportionality principle’ and the ‘state monopoly principle’. It argues that, taken together, ... More


Reductivist Sentencing Perspectives and the Role of Previous Convictions

Roberts Julian V

in Punishing Persistent Offenders: Exploring Community and Offender Perspectives

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199283897
eISBN:
9780191700262
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199283897.003.0002
Subject:
Law, Criminal Law and Criminology

This chapter explores the relevance of previous convictions for a number of criminal sentencing objectives and perspectives, including individual and general deterrence, incapacitation, and ... More


The Jurisprudence of Imprisonment in California

E.Zimring Franklin, Gordon Hawkins, and Sam Kamin

in Punishment and Democracy: Three Strikes and You're Out in California

Published in print:
2003
Published Online:
March 2012
ISBN:
9780195171174
eISBN:
9780199849765
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195171174.003.0007
Subject:
Law, Criminal Law and Criminology

This chapter examines how the 1994 legislation interacts with prior law to create a complicated and often inconsistent set of principles that guide the punishment of felons in California. It looks at ... More


The View From the Dock: Perceptions of Sentenced Offenders

Roberts Julian V

in Punishing Persistent Offenders: Exploring Community and Offender Perspectives

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199283897
eISBN:
9780191700262
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199283897.003.0006
Subject:
Law, Criminal Law and Criminology

This chapter draws upon interviews with a sample of repeat offenders conducted in 2007. The interviews explored convicted offenders' reactions to the criminal sentencing process, and in particular, ... More


History of Mitigation of Punishment

José B. Ashford and Melissa Kupferberg

in Death Penalty Mitigation: A Handbook for Mitigation Specialists, Investigators, Social Scientists, and Lawyers

Published in print:
2013
Published Online:
January 2014
ISBN:
9780195329469
eISBN:
9780199367603
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195329469.003.0002
Subject:
Social Work, Crime and Justice

This chapter provides an overview of the history of mitigation in criminal sentencing. It also considers the current legal landscape in the field of capital mitigation. The discussions cover the ... More


Compassionate Respect and Victims’ Voices

Cathleen Kaveny

in Ethics at the Edges of Law: Christian Moralists and American Legal Thought

Published in print:
2017
Published Online:
October 2017
ISBN:
9780190612290
eISBN:
9780190612320
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190612290.003.0005
Subject:
Religion, Religion and Society

This chapter inaugurates a dialogue between the writings of feminist ethicist Margaret Farley on love and justice and the debate surrounding the use of victim impact statements in criminal ... More


A Perfect Storm: Prosecutorial Discretion in the United States

William T. Pizzi

in The Prosecutor in Transnational Perspective

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199844807
eISBN:
9780190260033
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199844807.003.0014
Subject:
Law, Comparative Law

This chapter describes the confluence of factors that has produced a sort of “perfect storm” around prosecutorial discretion in the United States, resulting in prosecutors having far more power over ... More


Repentance, Mercy, and Communicative Punishment

Jeffrie G. Murphy

in Punishment and the Moral Emotions: Essays in Law, Morality, and Religion

Published in print:
2012
Published Online:
May 2015
ISBN:
9780199764396
eISBN:
9780190267575
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199764396.003.0006
Subject:
Philosophy, Moral Philosophy

This chapter argues for a reduction of punishment based on repentance, against Anthony Duff's conviction that if repentance can have any relevance in criminal justice proceedings, then it must ... More


Loose End

John Borneman

in Cruel Attachments: The Ritual Rehab of Child Molesters in Germany

Published in print:
2015
Published Online:
September 2015
ISBN:
9780226233888
eISBN:
9780226234076
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226234076.003.0008
Subject:
Anthropology, Social and Cultural Anthropology

This chapter an elaboration of questions that this study raises but was unable to answer in the main chapters. These include descriptions of: a therapy session for juvenile sex offenders; the ... More


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