Subjects:

Criminal Law

Contents:

Part 1 Rehabilitation: the model penal code

how effective are penal treatments

the decline of the rehabilitative ideal

reaffirming rehabilitation

should penal rehabilitationism be revived?

a new form of rehabilitation. Part 2 Deterrence: punishment and deterrence

optimal sanctions - any upper limits?

deterrence research and deterrence policies

deterrence theory - its moral problems. Part 3 Incapacitation: sentencing on the basis of risk - the model sentencing act

the problem of false positives

incapacitation, dangerousness and forfeiture of rights

incapacitation and ""vivid danger""

incapacitation

selective incapacitation - some doubts

selective incapacitation - the debate over its ethics. Part Desert: the moral worth of retribution

desert - some doubts

desert and penance

proportionate sentences - a desert perspective

desert as a limiting principle

seriousness, severity and the living standard

desert and previous convictions

parsimony and desert in sentencing

mitigation for socially deprived offenders. Part 5 Structuring sentencing discretion: lawlessness in sentencing

four techniques for reducing sentence disparity

the Swedish sentencing law. Part 6 Community punishments: ""alternatives"" to incarceration - substitutes or supplements?

the unit fine - monetary sanctions apportioned to income

intensive supervision probation - how and for whom?

non-custodial penalties and the principle of proportionality

interchangeability, desert limits and equivalence of function. Part 7 Restorative justice: conflicts as property

republicanism in sentencing - recognition, recompense and reassurance

desert and three Rs

reparation and retribution - are they reconcilable?

reparation, retribution and rights. Part 8 External critiques of sentencing theory: the limits of legal ideology

sociological perspectives on punishment

punishment and community. Part 9 ""Law and order"".

A collection of extracts on sentencing philosophy and policy. This edition includes three new chapters on restorative justice, law and order perspectives and postmodernist perspectives. Each chapter has an introduction and bibliography, all of which have been revised and updated.