Punishment and Sentencing: A Rational Approach

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Cavendish, 2001 - Law - 302 pages
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In terms of the interests it deals with,sentencing is the most important area of law. Ironically, it is also arguably the least coherent. Nearly three decades ago sentencing was described as a wasteland in the law. Unfortunately, little has changed in that time. Sentencing decisions are often made in accordance with the idiosyncratic sentiments of sentencers, rather than on the basis of binding rules and principles. The broad purpose of this book is to suggest a way of introducing principle into sentencing. This is done by bridging the gap between the philosophical justification for punishment and sentencing law and practice. Part A of the book provides an overview of current sentencing law and practice. Part B critically examines the main contemporary theories of punishment. Part C discusses the implications that this has for the sentencing process. It is a useful text for students of criminology, law and philosophy courses, as well as a valuable resource for criminal law practitioners.

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