Free Delivery Over $100
|
|
|||
|
||||
OverviewThis monograph addresses a contested but under-discussed question in the field of criminal sentencing: should an offender's remorse affect the sentence he or she receives? Answering this question involves tackling a series of others: is it possible to justify mitigation for remorse within a retributive sentencing framework? Precisely how should remorse enter into the sentencing equation? How should the mitigating weight of remorse interact with other aggravating and mitigating factors? Are there some offence or offender characteristics that preclude remorse-based mitigation? Remorse is recognised as a legitimate mitigating factor in many sentencing regimes around the world, with powerful effects on sentence severity. Although there has been some discussion of whether this practice can be justified within the literature on sentencing and penal theory, this monograph provides the first comprehensive and in-depth study of possible theoretical justifications. Whilst the emphasis here is on theoretical justification, the monograph also offers analysis of how normative conclusions would play out in the broader context of sentencing decisions and the guidance intended to structure them. The conclusions reached have relevance for sentencing systems around the world. Full Product DetailsAuthor: Hannah MaslenPublisher: Bloomsbury Publishing PLC Imprint: Hart Publishing Dimensions: Width: 15.60cm , Height: 1.50cm , Length: 23.40cm Weight: 0.495kg ISBN: 9781849465434ISBN 10: 1849465436 Pages: 232 Publication Date: 26 March 2015 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: Manufactured on demand  We will order this item for you from a manufactured on demand supplier. Table of Contents1. Remorse and its Relevance to Penal Theory Overview of the Book Part I Retributive Arguments 2. The Changed Person Argument 3. The Reduced Harm Argument Criminal Harm and Wrongdoing The Living Standard Analysis of Harm 4. The Already Punished Argument 5. The Responsive Censure Argument 6. The Merciful Compassion Argument Part II Remorse and Sentencing Practice 7. From Murder to Marijuana: A Nuanced Approach to Remorse-based Mitigation 8. The Remorseful Recidivist 9. Remorse in the Sentencing Guidelines 10. Implications for Penal Theory and SentencingReviews[R]etributive scholars will no doubt relish and debate Maslen's highly sophisticated contribution to theory [...]. -- Justice David P. Cole, Ontario Court of Justice Criminal Law Quarterly, 62 Endorsement retributive scholars will no doubt relish and debate Maslen's highly sophisticated contribution to theory -- David Cole, Ontario Court of Justice Author InformationHannah Maslen is a Research Fellow in Ethics at the Uehiro Centre for Practical Ethics, University of Oxford, and a Junior Research Fellow at New College. She is also a James Martin Fellow at the Oxford Martin School. Tab Content 6Author Website:Countries AvailableAll regions |
||||
