Sentencing Guidelines Exploring the English Model 1st Edition by Andrew Ashworth, Julian Roberts 978-0199684571 019968457X

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Product details: 

ISBN 10:   019968457X

ISBN 13: 978-0199684571

Author: Andrew Ashworth,  Julian V. Roberts

The politics of criminal sentencing has recently crystallized around the issue of whether and how a system of structured sentencing should inform judicial approaches to punishing criminals. Increasingly, structured sentencing guidelines are being introduce to frame judicial discretion. This volume is the first to examine the experience in England and Wales in the light of international developments.

This collection of essays begins with a clear and concise history of the guidelines as well as a description of how they function. Topics addressed include the effect of guidelines on judicial practice, the role of public opinion in developing sentencing guidelines, the role of the crime victim in sentencing guidelines, and the use of guidelines by practicing barristers. In addition, the international dimension offers a comparative perspective: the English guidelines are explored by leading academics from the United States and New Zealand.

Although there is a vast literature on sentencing guidelines across the United States, the English guidelines have attracted almost no attention from scholars. As other jurisdictions look to introduce more structure to sentencing, the English scheme offers a real alternative to current US schemes. Contributors include practicing lawyers, legal and socio-legal academics, and also scholars from several other countries including New Zealand and the United States, providing a multidisciplinary and cross-jurisdictional approach to sentencing. This book will be of interest to academics from law, sociology and criminology, legal practitioners, and indeed anyone else with an interest in sentencing, around the world.

Table of contents: 

1. The Origins and Nature of the Sentencing Guidelines in England and Wales

Andrew Ashworth and Julian V Roberts

Appendix

2. The Struggle for Supremacy in Sentencing

Andrew Ashworth

3. Exploring the Success of Sentencing Guidelines

Nicola Padfield

4. Sentencing Guidelines for Murder: From Political Schedule to Principled Guidelines

Barry Mitchell

5. Victims, Sentencing Guidelines, and the Sentencing Council Ian Edwards

6. The Definitive Guideline on Assault Offences:

The Performance of Justice

Neil Hutton

7. Complying with Sentencing Guidelines: Latest Findings from the

Crown Court Sentencing Survey

Julian V Roberts

8. Remorse and Sentencing: An Analysis of Sentencing Guidelines and Sentencing Practice

Hannah Maslen and Julian V Roberts

9. The Role of Public Opinion in Formulating Sentencing Guidelines

Mike Hough and Amy Kirby

10. Nothing Personal: The Impact of Personal Mitigation at Sentencing since Creation of the Council

John Cooper

11. A ‘Decision Science Perspective on the Old and New Sentencing Guidelines in England and Wales

Mandeep K All

12. Comparing Sentencing Guidelines: Do US Systems Have Anything Worthwhile to Offer England and Wales?

Kevin R Reitz

13. The Origins and Evolution of Sentencing Guidelines:

A Comparison of England and Wales and New Zealand Warren Young and Andrea King

14. Living without Guidelines Tom O’Malley

15. The Struggle for Sentencing Reform: Will the English Sentencing Guidelines Model Spread?

Cyrus Tata

16. Sentencing Guidelines and European Union Law Estella Baker

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Tags: Andrew Ashworth, Julian Roberts, Sentencing Guidelines, English Model