Mitigation and Aggravation at Sentencing

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Julian V. Roberts
Cambridge University Press, Aug 25, 2011 - Law
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This innovative volume explores a fundamental issue in the field of sentencing: the factors which make a sentence more or less severe. All sentencing systems allow courts discretion to consider mitigating and aggravating factors, and many legislatures have placed a number of such factors on a statutory footing. Yet many questions remain regarding the theory and practice of mitigation and aggravation. Drawing on legal and sociological perspectives and examining mitigation and aggravation in various jurisdictions, the essays provide practical illustrations of specific factors as well as theoretical justifications. After the foreword by Andrew von Hirsch, a number of contributors address broad conceptual issues raised at sentencing. These contributions are followed by several empirical chapters including an exploration of personal mitigation in English courts. The authors are leading scholars from a range of common law jurisdictions including England and Wales, the United States, Canada, Australia, New Zealand and South Africa.
 

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Contents

exploring aggravation and mitigation at sentencing
1
Chapter two ReEvaluating the Justifications for Aggravation and Mitigation at Sentencing
21
Integrating Cultural Demands
40
Chapter Four Personal Mitigation and Assumptions about Offending and Desistance
60
Mitigation or Aggravation?
81
Australasian Approaches to Provocation as a Sentencing Factor
102
Racial and social background factors as sources of mitigation at sentencing
124
An Empirical Analysis in England and Wales
146
Chapter Nine Exploring Public Attitudes to Sentencing Factors in England and Wales
168
Findings from an Empirical Study of the Publics Approach to Personal Mitigation
188
Chapter Eleven Addressing Problematic Sentencing Factors in the Development of Guidelines
208
Chapter Twelve Proof of Aggravating and Mitigating Facts at Sentencing
228
Chapter Thirteen Mitigation in Federal Sentencing in the United States
247
A South African case study
261
Index
278
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About the author (2011)

Julian V. Roberts is a Professor of Criminology in the Faculty of Law, University of Oxford and a member of the Sentencing Council of England and Wales. He is Editor in Chief of the European Journal of Criminology and Associate Editor of the Canadian Journal of Criminology and Criminal Justice.

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