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Book
Discretionary powers : a legal study of official discretion.
Author:
ISBN: 0198254989 9780198254980 Year: 1986 Publisher: Oxford : Clarendon press,

The framework of judicial sentencing : a study in legal decision making
Author:
ISBN: 9780521584272 9780511520969 9780521032568 0521032563 0521584272 0511520964 Year: 1997 Publisher: Cambridge : Cambridge university press,

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Abstract

Austin Lovegrove examines the sentencing of offenders appearing on multiple offences and how judges, having fixed a prison sentence for each offence, determine an overall sentence for each offender. Analysing judges' verbal protocols for sentencing problems and sentences for fictitious cases, he is able to offer, first, a model of judicial sentencing in the form of a decision strategy comprising working rules deduced from the given responses of judges as they attempted to apply sentencing law, and, second, a numerical guideline in the form of an algebraic model quantifying the application of the working rules. On the basis of this empirical data, Dr Lovegrove furthers understanding of the nature and place of intuition in sentencing and of how the cumulation of sentence can be integrated into a system of proportionality related to the seriousness of single offences.


Book
Transnational inquiries and the protection of fundamental rights in criminal proceedings : a study in memory of Vittorio Grevi and Giovanni Tranchina
Author:
ISBN: 3642320112 3642437931 3642320120 1299197620 Year: 2013 Publisher: Berlin ; New York : Springer,

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Abstract

The protection of fundamental rights in the field of transnational criminal inquiries is of great delicateness in the current tangled web of domestic and international legal sources. Due to this complex scenario, this research has been carried out from a four-level perspective. The first level provides a critical analysis of the multilevel systems of protecting fundamental rights from the perspective of supranational and constitutional case law, and in the field of international and organized crime. The second level focuses on EU judicial cooperation in three main fields: financial and serious organized crime, mutual recognition tools, and individual rights protection. The third level provides the perspectives of ten domestic legal systems in two fields, i.e., obtaining evidence abroad and cooperation with international criminal tribunals. The fourth level analyses cross-border inquiries in comparative law, providing a reconstruction of different models of obtaining evidence overseas.

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