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Journal articles on the topic 'Goals of Sentencing'

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Published: 4 June 2021
Last updated: 9 February 2022

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1

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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2

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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3

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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4

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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5

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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6

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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7

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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8

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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9

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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10

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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11

Roberts, Julian V., and Oren Gazal-Ayal. "Statutory Sentencing Reform in Israel: Exploring the Sentencing Law of 2012." Israel Law Review 46, no. 3 (2013): 455–79. http://dx.doi.org/10.1017/s0021223713000162.

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In 2012 the Knesset approved a new sentencing law. Israel thus became the latest jurisdiction to introduce statutory directions for courts to follow in sentencing. The approach of the United States to structuring judicial discretion often entails the use of a sentencing grid with presumptive sentencing ranges. In contrast, the Sentencing Act of Israel reflects a less prescriptive method: it provides guidance by words rather than numbers. Retributivism is clearly identified as the penal philosophy underpinning the new law, which takes a novel approach to promoting more proportionate sentencing.
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12

OSLER, MARK. "Uniformity and Traditional Sentencing Goals in the Age of Feeney." Federal Sentencing Reporter 16, no. 4 (2004): 253–56. http://dx.doi.org/10.1525/fsr.2004.16.4.253.

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13

Surendranath, Anup, Neetika Vishwanath, and Preeti Pratishruti Dash. "Penological Justifications as Sentencing Factors in Death Penalty Sentencing." Journal of National Law University Delhi 6, no. 2 (2019): 107–25. http://dx.doi.org/10.1177/2277401720972852.

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When the Supreme Court of India upheld the constitutionality of the death penalty in Bachan Singh v. State of Punjab in 1980, it also laid down a sentencing framework for subsequent sentencing courts, guiding them in deciding between life imprisonment and the death penalty. This framework, popularly known as the ‘rarest of rare’ framework, was focused on individualised punishment. However, subsequent judgments have strayed away from Bachan Singh’s core framework, and the use of penological justifications as sentencing factors has contributed significantly to this deviation. This article argues
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14

Vajda, Maja Munivrana. "Domestic Trials for International Crimes – A Critical Analysis of Croatian War Crimes Sentencing Jurisprudence." International Criminal Law Review 19, no. 1 (2019): 15–38. http://dx.doi.org/10.1163/15718123-01901002.

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This article will describe and critically reflect upon the sentencing practices of Croatian courts with respect to war crimes committed during the armed conflict in Croatia in the early 1990s. Over the past two and a half decades, more than 3,500 alleged war criminals have been put on trial, with some 600 finally being convicted. Yet many proceedings were initially commenced without sufficient evidence, in absentia and, arguably, with a bias towards ethnic Serbs. This article first seeks to determine whether ethnicity has played a role in prosecuting and sentencing for war crimes and then to i
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15

GALBRAITH, JEAN. "The Good Deeds of International Criminal Defendants." Leiden Journal of International Law 25, no. 3 (2012): 799–813. http://dx.doi.org/10.1017/s0922156512000398.

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AbstractInternational criminal tribunals try defendants for horrific acts: genocide, war crimes, and crimes against humanity. At sentencing, however, evidence often arises of what I will call defendants’ ‘good deeds’ – humanitarian behaviour by the defendants towards those on the other side of the conflict that is conscientious relative to the culture in which the defendants are operating. This article examines the treatment of good deeds in the sentencing practices of the International Criminal Tribunal for the former Yugoslavia and International Criminal Tribunal for Rwanda. I show that the
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16

Arazan, Christine L. "Minority threat, community disadvantage and sentencing." Journal of Criminological Research, Policy and Practice 4, no. 4 (2018): 213–25. http://dx.doi.org/10.1108/jcrpp-02-2018-0009.

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Purpose Prior studies of criminal sentencing have largely focused on individual-level predictors of sentencing outcomes. The purpose of this paper is to examine the effects of a variety of theoretically derived community measurements of social threat and disadvantage on the criminal sentencing of convicted felons. This analysis permits an evaluation of whether legal ideals such as equality before the law and policy goals of equal treatment for like offenders are achieved. Design/methodology/approach The study examines data of individuals sentenced in the state of Florida and community level me
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17

White, Diana, and Ann Knowles. "Predictors and Classification of Attitudes to Differing Sentencing Goals in an Australian Sample." Psychiatry, Psychology and Law 20, no. 2 (2013): 157–67. http://dx.doi.org/10.1080/13218719.2011.633327.

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18

Doherty, Joseph W., and Richard H. Steinberg. "Punishment and Policy in International Criminal Sentencing: An Empirical Study." American Journal of International Law 110, no. 1 (2016): 49–81. http://dx.doi.org/10.5305/amerjintelaw.110.1.0049.

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The International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) have sentenced over 130 perpetrators for genocide, crimes against humanity, grave breaches of the Geneva Conventions, or war crimes. Sentencing judgments discuss the factors considered by the judges and impose a term of imprisonment. We regressed the sentence length meted out for each perpetrator on the doctrinal factors said to explain the term of imprisonment and on other factors rumored to affect sentencing. We find that the gravity of the crime and aggravating fact
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19

van Oorschot, Irene. "Culture, Milieu, Phenotype: Articulating Race in Judicial Sense-making Practices." Social & Legal Studies 29, no. 6 (2020): 790–811. http://dx.doi.org/10.1177/0964663920907992.

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In this contribution, I trace the ways practicing judges articulate, as well as challenge, race. Drawing on an ethnography of everyday practices of adjudication and sentencing in a Dutch, lower Criminal Court, and working with Stuart Hall’s conception of articulation, I show how judges draw on three articulations of race – that of culture, the social milieu, and the phenotype – to make sense of individual cases. Emphasizing how and where these articulations of race serve local, pragmatic goals – of individualized sentencing, or of identification of the suspect – I also pay attention to their l
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20

Bondi, Connie B. "When Policies Conflict: Can Retributive State Policy Goals Be Met Effectively By Rehabilitative Alternative Sentencing Strategies*." Criminal Justice Policy Review 5, no. 2 (1991): 121–32. http://dx.doi.org/10.1177/088740349100500204.

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21

Lashgari, Mohammad, and Zahra Abedi Nezhad Mehrabadi. "Sentencing Postponed in the Penal Code in 1392." Journal of Politics and Law 9, no. 9 (2016): 1. http://dx.doi.org/10.5539/jpl.v9n9p1.

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Sentencing postponed is one of the new installations of IPC (The Islamic Penal Code) that its Basics of criminology have not been studied yet. Hence, human approach to punishment and reduce resort to punishments can cause decrease in crime and commits compatibility. Postponing the Sentence towards criminals in order to decriminalize and not resort to punishment is one of the institutions that can achieve to the Goals considered by Criminal Matters policymakers In order to reduce recidivism. Therefore Iranian legislator well as in order achieving the objectives of long-standing human means redu
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22

Pisciotta, Alexander W. "A House Divided: Penal Reform at the Illinois State Reformatory, 1891-1915." Crime & Delinquency 37, no. 2 (1991): 165–85. http://dx.doi.org/10.1177/0011128791037002002.

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This article extends the literature on juvenile justice historiography by providing an analysis of the Illinois State Reformatory—a combined juvenile reformatory and reformatory for young adults—from 1891 to 1915. Primary and secondary sources reveal that the Illinois State Reformatory was a unique institution which offered an alternative to traditional congregate and family models. An examination of the institution's goals, population, programs, and sentencing and parole systems exposes the complexities of attempting to organize and operate a hybrid institution. There was, in the final analys
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23

Hare, Sara C. "What Do Battered Women Want? Victims’ Opinions on Prosecution." Violence and Victims 21, no. 5 (2006): 611–28. http://dx.doi.org/10.1891/0886-6708.21.5.611.

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Prosecutors have increasingly adopted mandatory prosecution in domestic violence criminal cases. There is little empirical evidence, however, that the policy is a good match for victims’ needs. Interviews with 94 battered women, whose cases were randomly selected from prosecutors’ files, focused on their opinions of prosecuting. A logistic regression explores the factors that predict whether victims favor or oppose prosecution. Open-ended responses are coded into themes using the goals of sentencing literature as a framework. Previous published works are also tentatively grouped into the same
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24

Brovkina, Alexandra, Victor Vezlomtsev, Svetlana Zakharova, Olga Shuranova, and Yuri Truntsevsky. "System of criminal penalties of Russian federation: legal regulation and sentencing practice." E3S Web of Conferences 135 (2019): 04066. http://dx.doi.org/10.1051/e3sconf/201913504066.

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The article presents the questions of constructing a system of criminal penalties under the legislation of the Russian Federation, the problems of imposing various types of punishments taking into account the rules for constructing criminal law sanctions. Changes and additions, various types of criminal penalties, including the content of sanctions in the articles, lead to an imbalance in the principles of their construction. The punishment system is currently in need of reform. An analysis of the sanctions of the articles of a special part of the Criminal Code of the Russian Federation reveal
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25

Hardcastle, Lesley, Terry Bartholomew, and Joe Graffam. "Legislative and Community Support for Offender Reintegration in Victoria." Deakin Law Review 16, no. 1 (2011): 111. http://dx.doi.org/10.21153/dlr2011vol16no1art96.

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The status of offender rehabilitation has been influenced by the prevailing social climate, the promotion of ways to improve rehabilitation’s efficacy, and the well documented cycling of correctional imperatives. A renewed interest in offender transitions and reintegration has been apparent in recent years and most western correctional systems now feature policies and/or programs that address issues relating to the housing, employment, education and the broader ‘resettlement’ of offenders. However, this movement of correctional imperatives into the ‘social’ realm brings considerable challenges
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26

Stemen, Don, and Andres F. Rengifo. "Reconciling the Multiple Objectives of Prison Diversion Programs for Drug Offenders: Evidence From Kansas’ Senate Bill 123." Evaluation Review 35, no. 6 (2011): 642–72. http://dx.doi.org/10.1177/0193841x12439194.

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Background: In recent years, several states have created mandatory prison-diversion programs for felony drug possessors. These programs have both individual-level goals of reducing recidivism rates and system-level goals of reducing prison populations. Objective: This study examines the individual level and system level impact of Kansas’ Senate Bill 123 (SB 123), which created mandatory probation/treatment sentences for felony drug possessors. Research Design: A nonrandomized quasi-experimental design was used to evaluate the recidivism rates of drug possessors sentenced to SB 123 relative to
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27

Fernandes Butar Butar, Herry. "CRIME STUDY IN POSTMODERNISM PERSPECTIVE." Journal of Correctional Issues 3, no. 1 (2020): 1–15. http://dx.doi.org/10.52472/jci.v3i1.41.

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This research answers how Postmodernism criminology explains about conceptual meaning of crime that differed from modern perspective. With the development of criminology and the rise of new thought in criminology gave us chance at renewing the approach in doing research needed to explain crime and how crime occurred. In post-modernism criminology that has been critically question that modern perspective had not been explained crime as how crime defined empirically. The research is using qualitative perspective with literature study and case study of crime such as environment crime, womanizing,
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28

Sparks, Brandon. "Attitudes toward the Punishment of Juvenile and Adult Sexual Offenders in Canada: The Roles of Sentencing Goals and Criminal Justice Motivations." Journal of Child Sexual Abuse 30, no. 2 (2021): 125–45. http://dx.doi.org/10.1080/10538712.2020.1862947.

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29

Shereshevsky, Yahli. "Monetary Compensation as a Remedy for Fair Trial Violations under International Criminal Law." New Criminal Law Review 18, no. 1 (2015): 71–99. http://dx.doi.org/10.1525/nclr.2015.18.1.71.

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When international criminal courts face violations of the right to a fair trial, they encounter a dilemma: if they provide a significant remedy, such as a stay of proceedings, the remedy inevitably undermines the ability to punish the perpetrators of international crimes; on the other hand, if they grant a minimal remedy or no remedy at all, the right to a fair trial is undermined. This dilemma has led to the adoption of an interest-balancing approach to remedies. Under this approach, sentence reduction plays a prominent role in remedying fair trial violations that do not undermine the court’s
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30

Kelder, Jessica M., Barbora Holá, and Joris van Wijk. "Rehabilitation and Early Release of Perpetrators of International Crimes: A Case Study of the ICTY and ICTR." International Criminal Law Review 14, no. 6 (2014): 1177–203. http://dx.doi.org/10.1163/15718123-01406008.

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While cited as one of the goals of international sentencing and used as a factor for deciding on early release, rehabilitation of perpetrators of international crimes has thus far been neglected by academia and practitioners. This article presents an analysis of all ICTY and ICTR early release decisions handed down until July 2013, indicating how the tribunals have conceptualised rehabilitation of these ‘enemies of mankind’. After observing that the success rate of rehabilitating international prisoners is very high, we suggest that this may be attributable to (i) a lack of the Presidents’ cri
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31

Rich, Robert F., and Robert J. Sampson. "Public Perceptions of Criminal Justice Policy: Does Victimization Make a Difference?" Violence and Victims 5, no. 2 (1990): 109–18. http://dx.doi.org/10.1891/0886-6708.5.2.109.

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In this paper we examine public perceptions of criminal justice policy and public attitudes toward victims. We are particularly interested in exploring the relationship between the use of social science data and the adoption of public policy affecting victims of crime. To do this we analyze a representative sample of over 450 residents of the Chicago metropolitan area in 1983. The specific issues examined include attitudes toward rape (e.g., whether caused by victim’s behavior), prosecution of marital rape, plea bargaining, sentencing of predatory offenders, and the relative importance and eff
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Radelet, Michael L., and G. Ben Cohen. "The Decline of the Judicial Override." Annual Review of Law and Social Science 15, no. 1 (2019): 539–57. http://dx.doi.org/10.1146/annurev-lawsocsci-101518-042834.

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Since 1972, the Supreme Court has experimented with regulation of the death penalty, seeking the illusive goals of consistency, reliability, and fairness. In this century, the court held that the Sixth Amendment prohibited judges from making findings necessary to impose a death sentence. Separately, the court held that the Eighth Amendment safeguarded evolving standards of decency as measured by national consensus. In this article, we discuss the role of judges in death determinations, identifying jurisdictions that initially (post 1972) allowed judge sentencing and naming the individuals who
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33

Widianto, Eko, Suparno Suparno, and Teguh Sarosa. "ANALYSIS ON PRAGMATIC FORCE OF DECLARATIVE UTTERANCES IN FILM ENTITLED “AVATAR”." English Education 4, no. 1 (2015): 28. http://dx.doi.org/10.20961/eed.v4i1.34710.

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<p>This is a descriptive qualitative research. The data sources are thevmanuscript and video of “Avatar” film. From the sources, the researcher takes 40 declarative utterances uttered by the main character (Jake Sully) to be analyzed. The research goals are 1) to identify the contexts of declarative utterances, 2) to identify the hearer’s responses of declarative utterances, 3) to explain the pragmatic force of declarative utterances viewed from the illocutionary force. Before define the force, the researcher explains the context for a better understanding about the speaker’s intention.
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34

McMahon, Daniel. "Marking “Men of Iniquity”: Imperial Purpose and Imagined Boundaries in the Qing Processing of Rebel Ringleaders, 1786-1828." Journal of Chinese Military History 7, no. 2 (2018): 141–83. http://dx.doi.org/10.1163/22127453-12341330.

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Abstract This essay explores the administrative and ideological context of Qing borderland pacification through examination of the imperial response to apex rebel ringleaders. Presented are five cases of bureaucratic “discourse” (official description and physical management) processing Lin Shuangwen (1786-1788 Lin Shuangwen Revolt), Shi Sanbao (1795-1797 Miao Revolt), Liu Zhixie (1796-1804 White Lotus Rebellion), Lin Qing (1813 Eight Trigrams Revolt), and Khoja Jahāngīr (1826-1828 Jahāngīr Uprising). Considered comparatively, we find common procedures of identification, deposition, sentencing,
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35

Volkov, Konstantin Aleksandrovich, Vladimir Valerievich Agildin, and Bulat Umerzhanovich Seitkhozhin. "Importance of the principles of criminal law in the classification of crimes." SHS Web of Conferences 108 (2021): 02007. http://dx.doi.org/10.1051/shsconf/202110802007.

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The correct qualification of a crime provides the basis for achieving the goals of criminal liability, including sentencing a just punishment. During qualification, law enforcement agencies (investigative bodies, inquiry bodies, and court) often face problems caused by contradictions in criminal law regulation (a gap in law, defects in law, legal conflicts, evaluation categories of law, etc.). According to the authors, it is possible to eliminate the contradictions of criminal law regulation by applying the principles of criminal law as a direct regulator of criminal law relations. Purpose of
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36

卢, 铁荣. "社会服务令的争议与再定位". Hong Kong Journal of Social Work 37, № 02 (2003): 207–19. http://dx.doi.org/10.1142/s0219246203000184.

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刑罚有不同的目的和作用，它们是：让罪犯补偿社会、复康、重投社会；使罪犯获得报应；阻吓他人；从社会移除害群之马，如监禁。前三者正是社会服务令的目的，它旨在协助罪犯补偿社会，从而改过自新和重投社会怀抱。而在谢霆锋案中，後三者却是很多社会人士所强烈要求的惩罚目的。为了避免日後再有类似的争论发生，社会服务令的重新定位是刻不容缓的。确立社会服务令为短期监禁的代替刑及订立清楚的换算方式，不但会减少争议，也能增加法庭的判刑选择，在扩大运用社区刑罚的同时，也能为上述各种惩罚目的找到更佳的平衡点，这将有助於我们迈向一个富有复和司法的社会。 Sentencing has various objectives and functions, including reparation, rehabilitation, reintegration, retribution, deterrence and removal from society, such as incarceration. Community service orders incorporate the first three functions. They assist offenders to make reparation to society for the crimes they have committed, to turn o
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37

Robinson, Paul H., and Muhammad Sarahne. "After the Crime." New Criminal Law Review 24, no. 3 (2021): 367–96. http://dx.doi.org/10.1525/nclr.2021.24.3.367.

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Although an offender’s conduct before and during the crime is the traditional focus of criminal law and sentencing rules, an examination of post-offense conduct can also be important in promoting criminal justice goals. After the crime, different offenders make different choices and have different experiences, and those differences can suggest appropriately different treatment by judges, correctional officials, probation and parole supervisors, and other decision makers in the criminal justice system. Positive post-offense conduct ought to be acknowledged and rewarded, not only to encourage it
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38

Hakim, Juhariyah Nur. "An Analysis on Pragmatic Force of Declarative Utterances Used by the Main Character in Mona Lisa Smile Movie and its Implication on Language Teaching." Journal of Pragmatics Research 1, no. 2 (2019): 166–75. http://dx.doi.org/10.18326/jopr.v1i2.166-175.

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This research uses a descriptive qualitative method. The source of the data are document (the authentic manuscript) and video of “Mona Lisa Smile” film. The goals of this research are (1) to identify the contexts of declarative utterances uttered by the main character (Katherine Wattson) in the film entitled “Mona Lisa Smile”, (2) to explain the pragmatic forces of declarative utterances. To find the pragmatic forces of declarative utterances in the film entitled “Mona Lisa Smile” the researcher identifies the context of each datum in declarative utterance based on Austin’s classification of a
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39

Kolber, Adam J. "Line Drawing in the Dark." Theoretical Inquiries in Law 22, no. 1 (2021): 111–36. http://dx.doi.org/10.1515/til-2021-0006.

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Abstract The law inevitably draws lines. These lines distinguish, for example, whether certain conduct reflects ordinary recklessness constituting manslaughter or more extreme recklessness constituting murder. There is no way to meaningfully draw such lines, however, absent shared ways of representing amounts of recklessness or at least knowledge of the consequences of drawing lines in particular places. Yet legal actors frequently draw lines in the dark, establishing cutoffs along a spectrum with little or none of the information required to do so in a way that suits the law’s goals. For exam
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40

King, Michael S. "Individual Empowerment as a Goal of Sentencing." Alternative Law Journal 25, no. 3 (2000): 112–16. http://dx.doi.org/10.1177/1037969x0002500303.

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41

Bashan, Aleksey, and Tat’yana Tereshchenko. "Development of the Institution of life imprisonment in the Republic of Belarus: criminological and penal aspects." International penitentiary journal 2, no. 2 (2020): 82–89. http://dx.doi.org/10.33463/2712-7737.2020.02(1-3).2.082-089.

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The article is devoted to the issues related to the execution and serving of a life sentence, using the example of the Republic of Belarus. The criminological characteristics of convicts’ personality are given, and separate proposals are made to optimize the correctional process. The authors note that the practice of punishment execution in the Republic of Belarus is generally similar to many foreign countries. Taking into account the questionnaire compiled by the authors, the characteristics of socio-demographic, moral-psychological, criminal-legal and social-role properties of convicts sente
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42

Dyadyun, K. V. "The Establishment of Criminal Responsibility for Retail Sale of Alcoholic Products to Minors: An Analysis of the Feasibility." Lex Russica 73, no. 10 (2020): 150–58. http://dx.doi.org/10.17803/1729-5920.2020.167.10.150-158.

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The paper analyzes the objective and subjective features of article 151.1 of the Criminal Code of the Russian Federation. The problems of interpretation and application of this norm are investigated, taking into account the goals and objectives underlying its creation. Special legislation regulating the sphere under study is considered. The studied imperfections of regulation of the subject of the crime (the relationship between the concepts of alcoholic and alcohol-containing products), problems of distinguishing acts from related compounds (article 151 of the Criminal Code), the complexity o
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43

Kamuzze, Juliet. "An Insight into Uganda’s New Sentencing Guidelines." Federal Sentencing Reporter 27, no. 1 (2014): 47–55. http://dx.doi.org/10.1525/fsr.2014.27.1.47.

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The Ugandan Taskforce on developing sentencing guidelines recently drafted sentencing guidelines for Uganda, which were issued as practice directions by the Chief Justice to assist judges and magistrates in the sentencing decision making process. Like in many other jurisdictions, the sentencing guidelines have been developed to address the perceived existence of inconsistencies in sentencing of similarly placed offenders. This article offers the first insight into Uganda's new sentencing guideline reform. Part I offers some brief commentary on the nature of discretionary sentencing in Uganda.
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44

KIM BEOM JUN and 최승혁. "The Influence of Punishment Goal on Sentencing: Gender Differences." Korean Journal of Woman Psychology 13, no. 3 (2008): 343–61. http://dx.doi.org/10.18205/kpa.2008.13.3.006.

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45

VULEVIĆ, PREDRAG. "CONSIDERING SENTENCE FOR PREDICATE OFFENSE." Kultura polisa, no. 44 (March 8, 2021): 111–22. http://dx.doi.org/10.51738/kpolisa2021.18.1r.2.05.

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The process of sentencing means individualization and customization types and extent of sentencing the crime and its perpetrator. In that way, the purpose of criminal law, which consists in the last defense of the society from crime, is best realized. The whole process of keeping the pre-trial and criminal proceedings has the ultimate goal of sentencing the defendant. Furthermore, the procedure of execution of the sentence is based on its previous measurement and adjustment of the personality of the convicted person. Hence, the case law abounds with examples in which an inadequately measured s
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46

Chitov, Alexandre. "Exemptions from punishment in China and Thailand from the perspective of the theory of Leon Petrazycky." Pravovedenie 62, no. 3 (2018): 570–81. http://dx.doi.org/10.21638/spbu25.2018.309.

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This paper compares legislative provisions of Chinese and Thai laws pertaining to exemptions from punishment. These exemptions must be distinguished from the exemptions from criminal liability. In the latter case, Chinese and Thai courts cannot inflict punishment on a person who is justified or excused in committing an act otherwise defined as a crime. In contrast, an exemption from punishment is granted by courts as an exercise of discretionary powers. Chinese and Thai laws bear similar characteristics in defining the exemptions from criminal liability, but differ significantly in the scope o
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47

Donnelly, Justice Michael P., Judge Gene A. Zmuda, and Judge Pierre H. Bergeron. "Here Come the Judges." Federal Sentencing Reporter 33, no. 4 (2021): 247–49. http://dx.doi.org/10.1525/fsr.2021.33.4.247.

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We are Ohio state court judges with actual experience in imposing and/or reviewing criminal felony sentences. We are unaware of any expressed objection by Ohio’s judiciary to having more relevant information available to a sentencing court. Sentencing discretion is conferred upon trial courts by the General Assembly through its statutory enactments, and the trial courts have full discretion to impose a prison sentence that falls within the prescribed statutory range. With such wide-ranging discretion the database will provide additional information to a sentencing judge, which will result in a
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48

D’Amato, Christopher, Bryan Holmes, and Ben Feldmeyer. "Economic Competition and Racial/Ethnic Disparities in Sentencing: A Test of Economic Threat Perspective." Social Sciences 10, no. 6 (2021): 206. http://dx.doi.org/10.3390/socsci10060206.

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Economic threat arguments within the broader racial/ethnic threat theory suggest that economic competition between minorities and Whites encourages the majority group to apply formal social controls on minorities to maintain their advantaged positions. Prior sentencing research has given limited attention to economic threat and has only done so using cross-sectional measures, which does not capture changing economic circumstances (a key element of racial/ethnic threat). The goal of this study is to provide a test of economic threat—and racial/ethnic threat more broadly—utilizing time variant m
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Andjelkovic, Marija. "Practice of the city magistrates in Belgrade regarding domestic violence." Temida 6, no. 2 (2003): 45–49. http://dx.doi.org/10.2298/tem0302045a.

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In this paper author analyzes all cases of the city magistrates in Belgrade in 2002 which went into effect. The goal of this analysis is to determine how many cases are related to domestic violence and to define sentencing policy applied in these cases. In this analysis author pointed out problems and needs which exist in the work of the city magistrates. Also, some suggestions and recommendations for overcoming these problems are underlined.
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50

Wright, Richard A. "The “Punishment Lottery”: An Immodest Proposal for Maximizing Deterrence, Doing Justice, and Reducing Prison Overcrowding, All at Once." Criminal Justice Policy Review 7, no. 3-4 (1995): 329–39. http://dx.doi.org/10.1177/088740349500700308.

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This paper offers a new proposal for the sentencing of most convicted felons that promises simultaneously to promote general deterrence and to reduce prison overcrowding in a fair manner. Called the “punishment lottery,” I recommend subjecting convictees to a random system that imposes prison sentences that are usually shorter, but sometimes longer, than current sentences. Specific guidelines are suggested for enacting my proposal. I then offer empirical evidence and argumentation to support my claims that the punishment lottery can deter potential offenders, accomplish the retributive goal of
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