Mitigation and Aggravation at Sentencing 1st Edition by Julian Roberts ISBN 978-0521197809 0521197805

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Product details: 

ISBN 10:   0521197805

ISBN 13: 978-0521197809

Author: Julian V. Roberts

This innovative volume explores a fundamental issue in the field of sentencing: the factors which make a sentence more or less severe. All sentencing systems allow courts discretion to consider mitigating and aggravating factors, and many legislatures have placed a number of such factors on a statutory footing. Yet many questions remain regarding the theory and practice of mitigation and aggravation. Drawing on legal and sociological perspectives and examining mitigation and aggravation in various jurisdictions, the essays provide practical illustrations of specific factors as well as theoretical justifications. After the foreword by Andrew von Hirsch, a number of contributors address broad conceptual issues raised at sentencing. These contributions are followed by several empirical chapters including an exploration of personal mitigation in English courts. The authors are leading scholars from a range of common law jurisdictions including England and Wales, the United States, Canada, Australia, New Zealand and South Africa.

Table of contents: 

Chapter one – Punishing, more or less: Exploring Aggravation and Mitigation at Sentencing – By Julian V. Roberts
Chapter two – Re-Evaluating the Justifications for Aggravation and Mitigation at Sentencing – By Andrew Ashworth
Chapter three – The Search for Principles of Mitigation: Integrating Cultural Demands – By Allan Manson
Chapter Four – Personal Mitigation and Assumptions about Offending and Desistance – By Joanna Shapland
Chapter Five – Intoxication as a Sentencing Factor: Mitigation or Aggravation? – By Nicola Padfield
Chapter Six – Beyond the Partial Excuse: Australasian Approaches to Provocation as a Sentencing Factor – By Arie Freiberg, Felicity Stewart
Chapter Seven – Equality before the Law: Racial and Social Background Factors as Sources of Mitigation at Sentencing – By Kate Warner
Chapter Eight – Personal Mitigation: An Empirical Analysis in England and Wales – By Jessica Jacobson, Mike Hough
Chapter Nine – Exploring Public Attitudes to Sentencing Factors in England and Wales – By Julian V. Roberts, Mike Hough
Chapter Ten – The Pernicious Impact of Perceived Public Opinion on Sentencing: Findings from an Empirical Study of the Public’s Approach to Personal Mitigation – By Austin Lovegrove
Chapter Eleven – Addressing Problematic Sentencing Factors in the Development of Guidelines – By Warren Young, Andrea King
Chapter Twelve – Proof of Aggravating and Mitigating Facts at Sentencing – By R. Kevin
Chapter Thirteen – Mitigation in Federal Sentencing in the United States – By William W. Berry III
Chapter Fourteen – The Discretionary Effect of Mitigating and Aggravating Factors: A South African Case Study

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