Decisions to Imprison: Court Decision-Making Inside and Outside the Law

ISBN-13: 9781138276369 / Angielski / Miękka / 2016 / 218 str.

Rasmus H. Wandall

Opis

This book presents empirical analyses of the normative and ideological structures of courts' decisions to imprison in the daily handling of criminal cases. It explores the ways in which the courtroom decision-making process upholds decisions as legally valid, whilst at the same time also allows decision-making to reflect wider and more contextual factors.

Recenzje

'This book is a significant contribution to the international literature on sentencing. Not only does it break new ground as an empirical study of sentencing behaviour in Scandinavia, but it also draws upon Luhmann´s theoretical perspectives and places its insights within the framework of Anglo-American sentencing scholarship. The book contains a close analysis of the construction of sentencing decisions and a nuanced criminological assessment of the role of informal but nevertheless significant court practices - an assessment that carries through to the implications for offenders in lower socio-economic groups. I commend this book to all those interested in the theory and practice of sentencing.' Andrew Ashworth, University of Oxford, UK 'In this timely and excellent study on sentencing, Rasmus Wandall joins a growing number of empirical researchers who are finding Luhmann's idea of closed social systems to be a fruitful and insightful way of making sense of the complexities of modern society. Rasmus Wandall is able to show how courts manage to legitimate imprisonment by reference to the law's own internally-produced criteria of lawfulness and practical reasoning. In doing so, they systematically block out the devastating effects of politically-inspired policies on the lives of the most vulnerable members of society.' Michael King, University of Reading, UK '...there is no doubt that this work is a major contribution to sentencing scholarship. It significantly enhances our knowledge of sentence decision making and its comparative dimensions. As such, it should be read by all who have a serious interest in the subject. British Journal of Criminology

Spis treści

Chapter 1 Introduction; Chapter 2 Inside and Outside the Law; Chapter 3 The Legal Framework of Decisions to Imprison; Chapter 4 Decisions to Imprison: A Statistical Point of View; Chapter 5 Description of Court and Case-handling; Chapter 6 Organizing Courtroom Communication; Chapter 7 Decisions to Imprison in the Courtroom; Chapter 8 Ideologies of Imprisonment in the Courtroom; Chapter 9 Decisions to Imprison Inside and Outside the Law; Chapter 10 Closing Perspectives;

O autorze

Rasmus H. Wandall is Assistant Research Professor in the Faculty of Law, University of Copenhagen, Denmark. He is also a Criminal Justice Research Fellow at New York University, School of Law.