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Punishment and Sentencing: A Rational Approach

ISBN13: 9781859416310
ISBN: 1859416314
Published: July 2001
Publisher: Routledge-Cavendish
Country of Publication: UK
Format: Paperback
Price: Out of print

In terms of the interests it deals with,sentencing is the most important area of law. Ironically, it is also arguably the least coherent. Nearly three decades ago sentencing was described as a wasteland in the law. Unfortunately, little has changed in that time.

Sentencing decisions are often made in accordance with the idiosyncratic sentiments of sentencers, rather than on the basis of binding rules and principles. The broad purpose of this book is to suggest a way of introducing principle into sentencing.

This is done by bridging the gap between the philosophical justification for punishment and sentencing law and practice. Part A of the book provides an overview of current sentencing law and practice. Part B critically examines the main contemporary theories of punishment. Part C discusses the implications that this has for the sentencing process.

It is a useful text for students of criminology, law and philosophy courses, as well as a valuable resource for criminal law practitioners.

Criminal Law
Sentencing Law Overview - The Road to Nowhere; Punishment Theories & the Current State of the Debate; The Errors of Retributivism; In Defence of a Utilitarian Theory of Punishment; Incapacitation, Deterrence and Rehabilitation; Proportionality in Sentencing; Suspended Sentences and Preventive Sentences; New Criminal Sanctions: Employment and Education; The Unfairness of Prior Convictions; Consistency & Fairness in Sentencing: Fixed Penalties.