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Relevant bibliographies by topics / Goals of Sentencing

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Academic literature on the topic 'Goals of Sentencing'

Author: Grafiati

Published: 4 June 2021

Last updated: 9 February 2022

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Journal articles on the topic "Goals of Sentencing"

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Shames, Alison. "Sentencing Within Sentencing." Federal Sentencing Reporter 24, no. 1 (2011): 1–3. http://dx.doi.org/10.1525/fsr.2011.24.1.1.

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Guest editor Alison Shames introduces this issue of Federal Sentencing Reporter, which focuses on sentencing and the last fifty years of programs developed by the Vera Institute of Justice. When a judge sentences a convicted defendant, he or she takes into account many factors and tries to achieve one or more of the oft-cited purposes of punishment: incapacitation (to protect the public from further crimes committed by the defendant), deterrence, restitution, retribution, and rehabilitation. The federal sentencing statute instructs the court not to impose a sentence greater than necessary to a

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Carroll, John S., William T. Perkowitz, Arthur J. Lurigio, and Frances M. Weaver. "Sentencing goals, causal attributions, ideology, and personality." Journal of Personality and Social Psychology 52, no. 1 (1987): 107–18. http://dx.doi.org/10.1037/0022-3514.52.1.107.

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Allenbaugh, Mark H. "Sentencing in Chaos." Federal Sentencing Reporter 32, no. 3 (2020): 128–37. http://dx.doi.org/10.1525/fsr.2020.32.3.128.

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Antonin Scalia famously observed in his dissent in United States v. Booker that an advisory sentencing guidelines regime would result in a “discordant symphony” where similarly situated offenders would receive ad hoc sentences. As this article demonstrates through a statistical survey, he was right. Federal sentencing practice is in chaos. The fundamental goals of the guidelines—uniformity, proportionality, and certainty—have been undermined. Nonetheless, this does not mean the guidelines should be abandoned or a wholesale redrafting is required. As it turns out, the guidelines continue to be

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Thomson, Douglas R. "How Plea Bargaining Shapes Intensive Probation Supervision Policy Goals." Crime & Delinquency 36, no. 1 (1990): 146–61. http://dx.doi.org/10.1177/0011128790036001010.

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The typical primary goal of recent intensive probation supervision (IPS) programs is to serve as an alternative to incarceration (ATI) in response to prison crowding. Yet the history of such alternative efforts reveals that they generally underachieve in terms of that goal. This study suggests that this finding applies to IPS initiatives as well. Drawing on focused interviews with court officials in Illinois, it offers an organizational explanation for the shortfall. ATI initiatives have not adequately attended to the decision-making dynamics and organizational contexts that produce criminal s

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Bagaric, Mirko, and John Morss. "International Sentencing Law: In Search of a Justification and Coherent Framework." International Criminal Law Review 6, no. 2 (2006): 191–255. http://dx.doi.org/10.1163/157181206778050688.

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AbstractAn international sentencing jurisprudence is emerging from the decisions by the International Criminal Tribunal for the Former Yugoslavia (ICTY or the Yugoslav tribunal) and the International Criminal Tribunal for Rwanda (ICTR or the Rwanda tribunal) (collectively, 'the tribunals'). This article examines international sentencing law and practice and discusses the justification for the practice. International sentencing law has several objectives. The main goals are reconciliation, deterrence, retribution and rehabilitation. The sentencing inquiry is marked by a high degree of discretio

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Templeton, Laura J., and Timothy F. Hartnagel. "Causal Attributions of Crime and the Public's Sentencing Goals." Canadian Journal of Criminology and Criminal Justice 54, no. 1 (2012): 45–65. http://dx.doi.org/10.3138/cjccj.2010.e.29.

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King, Ryan. "Balancing the Goals of Determinate and Indeterminate Sentencing Systems." Federal Sentencing Reporter 28, no. 2 (2015): 85–87. http://dx.doi.org/10.1525/fsr.2015.28.2.85.

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Frase, Richard S. "Research on Race and Sentencing: Goals, Methods, and Topics." Justice Quarterly 30, no. 2 (2012): 262–69. http://dx.doi.org/10.1080/07418825.2012.687512.

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Brodeur, Jean-Paul. "Quelques notes sur la réforme de la détermination de la peine au Canada." Criminologie 24, no. 2 (2005): 81–98. http://dx.doi.org/10.7202/017310ar.

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This review of recent developments in the field of sentencing in Canada begins by observing that none of the recommendations of the Canadian Sentencing Commission were implemented, since the commission issued its report in 1987. This amounts to a prolongation of the status quo. We propose elements of explanation as to why there was no follow up to the Commission's proposals. Second, we present a critical analysis of the latest consultation package on sentencing and parole, that was put together by the federal Department of Justice in 1990. We argue that the proposed statement of purposes and p

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Rosenberger, Jared S., and Valerie J. Callanan. "The Influence of Media on Penal Attitudes." Criminal Justice Review 36, no. 4 (2011): 435–55. http://dx.doi.org/10.1177/0734016811428779.

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This study examines the influence of crime-related media consumption on individuals’ perceptions of the most important purpose of criminal sentencing, using a statewide survey of 4,245 California residents. Consumption of various forms of crime-related media was regressed on four goals of criminal sentencing (punishment, incapacitation, deterrence, and rehabilitation) using multinomial logistic regression. The results suggest that consumption of television news and crime-based reality programs increased the odds of selecting punishment as the most important goal of criminal sentencing as oppos

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Dissertations / Theses on the topic "Goals of Sentencing"

1

Rosenberger, Jared Scott. "The Influence of Crime-Related Media on Perceived Goals of Criminal Sentencing." University of Akron / OhioLINK, 2010. http://rave.ohiolink.edu/etdc/view?acc_num=akron1270821844.

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White, Diana C. "The impact of demographic characteristics, personality variables, beliefs about the causes of crime and fear of crime on attitudes toward sentencing goals /." Swinburne Research Bank, 2009. http://hdl.handle.net/1959.3/66787.

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Thesis (Ph. D.)--Faculty of Life and Social Sciences, Swinburne University of Technology, 2009.<br>Submitted in partial fulfillment of the requirements for the degree of Professional Doctorate of Psychology (Counselling), [Faculty of Life and Social Sciences], Swinburne University of Technology - 2009. Typescript. Includes bibliographical references (p. 258-283).

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Books on the topic "Goals of Sentencing"

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Harrison, Karen. Sentencing high-risk sex offenders. Edited by Teela Sanders. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780190213633.013.19.

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This essay considers sex offender legislation in a number of countries, including England and Wales, Germany, and the United States, and details sex offender sentencing provisions in various systems. It evaluates the policies behind these laws. The essay deals with some key contemporary questions in relation to high-risk sex offending. Are policies being driven by populist punitiveness and an agenda based on public protection and preventive detention? Or are more welfare-driven goals taken into account? Particular sentences such as mandatory life and other forms of indeterminate sentencing, su

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Fifteen years of guidelines sentencing: An assessment of how well the federal criminal justice system is achieving the goals of sentencing reform. United States Sentencing Commission, 2004.

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3

Frase, Richard S. Sentencing Policies and Practices in Minnesota. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199935383.013.148.

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This essay evaluates the origins, purposes, operation, and evolution of Minnesota’s sentencing guidelines system, implemented in 1980. Topics examined include key guidelines provisions, related statutes, charging and sentencing practices, departure rates, interpretive case law, and correctional populations. The essay concludes that the goals of this pioneering sentencing reform have largely been achieved: punishments have become more uniform and proportionate; policy formulation is more comprehensive and informed by data; sentencing has been coordinated with available correctional resources to

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Henham, Ralph. Conclusion. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198718895.003.0009.

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This chapter draws together the book’s common themes and considers their broader implications for the future development of sentencing policy. It concludes that contemporary sentencing policy should reflect shared goals and engage with social priorities for the common good, so restoring the essential link between penal ideology and the socially lived experience of crime and punishment. Structural changes are therefore required to empower decision-makers by facilitating a principled engagement with social value at the point of sentencing. However, these suggestions depend upon developing judici

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deGuzman, Margaret M. Shocking the Conscience of Humanity. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198786153.001.0001.

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The most commonly cited justification for international criminal law is that it addresses crimes of such gravity that they “shock the conscience of humanity.” From decisions about how to define crimes and when to exercise jurisdiction, to limitations on defenses and sentencing determinations, gravity rhetoric permeates the discourse of international criminal law. Yet the concept of gravity remains highly undertheorized. This book uncovers the consequences for the regime’s legitimacy of its heavy reliance on this poorly understood idea. It argues that gravity’s ambiguity may at times enable a t

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Book chapters on the topic "Goals of Sentencing"

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Edwards, Bradley D., and Lawrence F. Travis. "Sentencing: The Goals and Process of Punishment." In Introduction to Criminal Justice. Routledge, 2019. http://dx.doi.org/10.4324/9780429426551-9.

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deGuzman, Margaret M. "Sentencing." In Shocking the Conscience of Humanity. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198786153.003.0007.

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Gravity is a central concept—often the central concept—that international criminal courts invoke in justifying sentencing decisions. This chapter shows that international sentencing decisions frequently invoke gravity in inconsistent and unexplained ways, thereby detracting from the legitimacy of such decisions. It argues that gravity as a sentencing criterion at international courts ought to be conceptualized in relation to the goals of punishment that are most appropriate for those institutions. It proposes a utilitarian theory of global sentencing that centers crime prevention, especially through deterrence and norm expression, and rejects retribution and harsh punishment. The goal should be to achieve the most deterrence and expressive prevention possible at the lowest cost.

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"INCAPACITATION, DETERRENCE AND REHABILITATION: FLAWED IDEALS OR APPROPRIATE SENTENCING GOALS?" In Punishment & Sentencing. Routledge-Cavendish, 2006. http://dx.doi.org/10.4324/9781843142461-13.

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"Criminal Sentencing: Goals, Practices, and Ethics." In Justice, Crime, and Ethics. Routledge, 2014. http://dx.doi.org/10.4324/9781315721538-19.

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"Sentencing: The Goals and Process of Punishment." In Introduction to Criminal Justice, edited by F. Travis III Lawrence. Routledge, 2017. http://dx.doi.org/10.4324/9781315092454-9.

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"Sentencing: The Goals and Process of Punishment." In Introduction to Criminal Justice. Routledge, 2015. http://dx.doi.org/10.4324/9781315721545-14.

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Frase, Richard S., Julian V. Roberts, and Rhys Hester. "Adverse Impacts on Offense-Based Proportionality and Prison-Use Priorities." In Paying for the Past. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190254001.003.0007.

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This chapter shows how powerful criminal history enhancements undermine important goals of guidelines reforms. First, these enhancements undermine the goal of making punishment severity proportional to the seriousness of the offense for which the offender is being sentenced; if prior record receives more weight in sentencing, conviction offense seriousness receives less weight. Second, these enhancements counteract the goal of reserving expensive prison beds for offenders convicted of violent crimes—powerful criminal history enhancements shift the balance of prison admissions and inmate stocks toward property, drug, and other nonviolent offenders. Third, prior record enhancements change the composition of prison populations by risk level—older offenders often have more prior convictions but declining recidivism risks, so criminal history enhancements increase the number of aging, low-risk prison inmates. The formulaic nature of such enhancements also over-predicts the risk level of some younger offenders. The chapter concludes with proposals for limiting these adverse effects.

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Hatfield, Marty Allen. "The Potential of Community Corrections to Reduce Mass Incarceration in the USA." In Global Perspectives on Reforming the Criminal Justice System. IGI Global, 2021. http://dx.doi.org/10.4018/978-1-7998-6884-2.ch009.

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Tough-on-crime policies and strategies, such as mandatory minimum and determinate sentencing laws and more severe punishments for juveniles, sex offenders, and drug offenders, have caused a substantial increase in the U.S. incarceration rate. Mass incarceration has generated several negative consequences, including racial bias and disparities, economic and social costs, and prison overcrowding. As such, the use of community corrections programs as an alternative form of sentencing has significantly increased. To effectively reduce crime and recidivism, community corrections programs must 1) utilize a validated risk and needs assessment when determining program placement; 2) provide participants with comprehensive, evidence-based services, including substance abuse and mental health treatment; 3) focus on modifying participants' behavior through treatment goal setting and the use of graduated incentives and sanctions; and 4) strive to hire and retain qualified staff, provide both initial and ongoing training, and monitor treatment staff with regular clinical supervision.

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Frase, Richard S., and Julian V. Roberts. "Introduction." In Paying for the Past. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190254001.003.0001.

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This chapter provides an overview of the book, including the following major topics: why this neglected topic is so important; the ubiquity of prior record enhancement in modern sentencing systems, and their particularly powerful roles in U.S. jurisdictions with sentencing guidelines; the wide variations in the criminal history scoring formulas used in guidelines, with respect to matters such as which prior crimes and other factors are included, the weight each receives, and the degree to which a high score increases recommended sentence severity; the unclear punishment rationales for such enhancements; and the numerous negative consequences of these enhancements— increasing the size and expense of prison populations, undermining the important goal of punishment in proportion to offense severity, increasing the need for prison beds to house property and other nonviolent offenders, generating large numbers of aging prison inmates, contributing to racial disproportionality in prison populations, and undermining offenders’ efforts to reintegrate into society.

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