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This title presents a fully developed punishment theory which incorporates both utilitarian and retributive sentencing purposes. The author describes and defends a hybrid sentencing model that integrates theory and practice - blending and balancing both the competing principles of retribution and rehabilitation and the procedural concern of weighing rules against discretion.
Sentences (Criminal procedure) --- Punishment --- Criminal justice, Administration of --- States. --- Philosophy. --- Sentencing --- Correctional law --- Criminal procedure --- Judgments, Criminal --- Penalties (Criminal law) --- Penology --- Corrections --- Impunity --- Retribution
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Proportionality in law --- Proportionality in law. --- Droit constitutionnel --- Contrôle juridictionnel des lois --- Proportionnalité (droit) --- Etats-Unis
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'Paying for the Past' examines the neglected but critically important topic of sentence enhancements based on prior convictions in the United States. Most sentenced offenders have a prior record, and in many cases that record carries more weight at sentencing than the new crime being punished. Drawing on empirical data and rules from a number of jurisdictions, Richard S. Frase and Julian V. Roberts assess the use of prior record enhancements, their justification, and how they contribute to racial disparities and mass incarceration.
Sentences (Criminal procedure) --- Recidivists --- Social aspects --- Legal status, laws, etc. --- Chronic offenders --- Habitual criminals --- Habitual offenders --- Offenders, Chronic --- Offenders, Habitual --- Offenders, Repeat --- Offenders, Serial --- Repeat offenders --- Repeaters (Crime) --- Serial offenders --- Criminals --- Ex-convicts --- Sentencing --- Correctional law --- Criminal procedure --- Judgments, Criminal --- Punishment
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From the ancient origins of Just War doctrine to contemporary theories of punishment, concepts of proportionality have long been an instrumental part of the rule of law and an essential check on government power. Two renowned legal scholars seek to advance such a theory.
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This collection of original essays surveys the evolution of sentencing policies and practices in Western countries over the past twenty-five years. Contributors address plea-bargaining, community service, electronic monitoring, standards of use of incarceration, and legal perspectives on sentencing policy developments, among other topics. Sentencing and Sanctions in Western Countries provides a range of scholars and students excellent cross-national knowledge of sentencing laws and practices, when and why they have changed over time, and with what effects.
Punishment. --- Sentences (Criminal procedure). --- Punishment --- Sentences (Criminal procedure) --- Sentencing --- Correctional law --- Criminal procedure --- Judgments, Criminal --- Penalties (Criminal law) --- Penology --- Corrections --- Impunity --- Retribution
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