This new, third edition of Principled Sentencing provides students of law, legal philosophy, criminology, and criminal justice with a comprehensive selection of the leading scholarship on contemporary sentencing. The volume offers a wide range of critical readings relating to the key moral, philosophical, and policy issues in sentencing today. The structure of the book remains the same as the previous editions, although the new volume contains many new readings on subjects that have recently emerged and which have consequences for sentencing in many jurisdictions. These additional chapters reflect the significant evolution of the field since the previous edition was published in 1998. As before, each chapter begins with an introduction by one of the editors and concludes with a bibliography of further readings. All the chapters have been substantially revised, as have the editorial introductions.
This new, third edition of Principled Sentencing provides students of law, legal philosophy, criminology, and criminal justice with a comprehensive selection of the leading scholarship on contemporary sentencing. The volume offers a wide range of critical readings relating to the key moral, philosophical, and policy issues in sentencing today. The structure of the book remains the same as the previous editions, although the new volume contains many new readings on subjects that have recently emerged and which have consequences for sentencing in many jurisdictions. These additional chapters reflect the significant evolution of the field since the previous edition was published in 1998. As before, each chapter begins with an introduction by one of the editors and concludes with a bibliography of further readings. All the chapters have been substantially revised, as have the editorial introductions.
Chapter 1: Rehabilitation
1.1 The Decline of the Rehabilitative Ideal
Francis A Allen
1.2 Empirical Research Relevant to Sentencing Frameworks:Reform and
Rehabilitation
Anthony Bottoms
1.3 Assessing the Research on 'What Works'
Peter Raynor
1.4 Reaffirming Rehabilitation
Francis T Cullen and Karen E Gilbert
1.5 Should Penal Rehabilitationism Be Revived?
Andrew von Hirsch and Lisa Maher
Chapter 2: Deterrence
2.1 Studies of the Impact of New Harsh Sentencing Regimes
AN Doob and CM Webster
2.2 Punishment and Deterrence
Jeremy Bentham
2.3 Deterrent Sentencing as a Crime Prevention Strategy
Andrew von Hirsch, Anthony E Bottoms, Elizabeth Burney and Per-Olot
Wikström
2.4 Optimal Sanctions: Any Upper Limits?
Richard Posner
2.5 Offenders' Thought Processes
AN Doob and CM Webster
Chapter 3: Incapacitation
3.1 Incapacitation and "Vivid Danger"
AE Bottoms and Roger Brownsword
3.2 Extending Sentences for Dangerousness: Reflections on the
Bottoms–Brownsword Model
Andrew von Hirsch and Andrew Ashworth
3.3 Incapacitation Within Limits
Norval Morris
3.4 Predictive Sentencing and Selective Incapacitation
Andrew von Hirsch and Lila Kazemian
Chapter 4: Desert
4.1 The Moral Worth of Retribution
Michael S Moore
4.2 Proportionate Sentences: a Desert Perspective
Andrew von Hirsch
4.3 Punishment, Retribution and Communication
RA Duff
4.4 Limiting Retributivism
Richard S Frase
4.5 Seriousness, Severity and the Living Standard
Andrew von Hirsch
4.6 The Recidivist Premium: For and Against
Julian V Roberts and Andrew von Hirsch
Chapter 5: Restorative Justice
5.1 Conflicts as Property
Nils Christie
5.2 Restoration and Retribution
RA Duff
5.3 Reparation and Retribution: Are They Reconcilable?
Lucia Zedner
5.4 Normative Constraints: Principles of Penality
Jim Dignan
5.5 Restorative Justice: An Alternative to Punishment or an
Alternative Form of Punishment?
Gerry Johnstone
5.6 Specifying Aims and Limits for Restorative Justice: A 'Making
Amends' Model?
Andrew von Hirsch, Andrew Ashworth and Clifford Shearing
5.7 The Limits of Restorative Justice
Kathleen Daly
Chapter 6: Structuring Sentencing Discretion
6.1 Lawlessness in Sentencing
Marvin Frankel
6.2 Techniques for Reducing Sentence Disparity
Andrew Ashworth
6.3 The Swedish Sentencing Law
Andrew von Hirsch and Nils Jareborg
6.4 Sentencing Policy Development under the Minnesota Sentencing
Guidelines
Richard S Frase
6.5 Institutional Consistency: Appeal Court Judgements
Cyrus Tata
6.6 Criticisms of Mandatory Minimums
Cassia Spohn
6.7 Sentencing Information System (SIS) Experiments
Marc Miller
Chapter 7: Sentencing Young Offenders
7.1 United Nations Standard Minimum Rules for the Administration of
Juvenile Justice ("The Beijing Rules")
7.2 United Nations Convention on the Rights of the Child
7.3 Rationales for Distinctive Penal Policies for Youth
Offenders
Franklin E Zimring
7.4 Reduced Penalties for Juveniles: the Normative Dimension
Andrew von Hirsch
7.5 The Transformation of the American Juvenile Court
Barry C Feld
7.6 Restraining the Use of Custody for Young Offenders: The
Canadian Approach
Nicholas Bala and Julian V Roberts
Chapter 8: Doing Justice to Difference: Diversity and
Sentencing
8.1 Abandoning Sentence Discounts for Guilty Pleas
Michael Tonry
8.2 Individualizing Punishments
Michael Tonry
8.3 Hanging Judges and Wayward Mechanics: Reply to Michael
Tonry
Ian Brownlee
8.4 Justice and Difference
Barbara A Hudson
Andrew Ashworth, KC, DCL, FBA is the Vinerian Professor of
English Law at the University of Oxford and a Fellow of All Souls
College.
Andrew von Hirsch is Honorary Professor of Penal Theory and Penal
Law at the University of Cambridge and an Honorary Fellow of
Wolfson College.
Julian Roberts is Professor of Criminology at the University of
Oxford and a Fellow of Worcester College.
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