Mitigation and Aggravation at Sentencing

ISBN-13: 9780521197809 / Angielski / Twarda / 2011 / 304 str.

Julian Roberts

Opis

This volume explores an important, yet under-researched, area of sentencing law and practice: the use of mitigating and aggravating factors.

Recenzje

'Yet another volume on sentencing by the prolific Canadian criminologist is both timely and potentially very useful to the practising criminal lawyers.' Criminal Law Quarterly

Spis treści

1. Exploring aggravation and mitigation at sentencing Julian Roberts; 2. Re-evaluating the justifications for aggravation and mitigation at sentencing Andrew Ashworth; 3. The search for principles of mitigation: integrating cultural demands Allan Manson; 4. Personal mitigation at sentencing and assumptions about offending and desistance Joanna Shapland; 5. Intoxication as a sentencing factor: mitigating or aggravating? Nicola Padfield; 6. Beyond the partial excuse: Australasian approaches to provocation as a sentencing factor Arie Freiberg and Felicity Stewart; 7. Equality before the law: racial and social background factors as sources of mitigation at sentencing Kate Warner; 8. Personal mitigation: an empirical analysis in England and Wales Jessica Jacobson and Mike Hough; 9. Exploring public attitudes to sentencing factors in England and Wales Julian Roberts and Mike Hough; 10. The pernicious impact of perceived public opinion on sentencing: findings from an empirical study of the public's approach to personal mitigation Austin Lovegrove; 11. Addressing problematic sentencing factors in the development of guidelines Warren Young and Andrea King; 12. Proof of aggravating and mitigating facts at sentencing Kevin Reitz; 13. Mitigation in federal sentencing in the United States Will Berry; 14. The discretionary effect of mitigating and aggravating factors: a South African case study Stephan Terblanche.