Sentencing

The book includes a postscript on the Supreme Court of Canada decision in R v. Latimer."--Pub. desc.

On 3 September 1996, Bill C-41 was proclaimed in force, initiating one significant step in the reform of sentencing and parole in Canada. This is the first book that, in addition to providing an overview of the law, effectively presents a sociological analysis of the legal reforms and their ramifications in this controversial area. The commissioned essays in this collection cover such crucial issues as options and alternatives in sentencing, patterns revealed by recent statistics, sentencing of minority groups, Bill C-41 and its effects, conditional sentencing, and the structure and relationship between parole and sentencing are clearly presented. An introduction, editorial comments beginning each chapter, and a concluding chapter draw the essays together resulting in a timely, comprehensive and extremely readable work on this critical topic. Broad in scope and perspective, this major new socio-legal study of the law of sentencing will be illuminating to students, members of the legal profession, and the general reader.

Handbook on the Consequences of Sentencing and Punishment Decisions, the third volume in the Routledge ASC Division on Corrections & Sentencing Series, includes contemporary essays on the consequences of punishment during an era of mass incarceration. The Handbook Series offers state-of-the-art volumes on seminal and topical issues that span the fields of sentencing and corrections. In that spirit, the editors gathered contributions that summarize what is known in each topical area and also identify emerging theoretical, empirical, and policy work. The book is grounded in the current knowledge about the specific topics, but also includes new, synthesizing material that reflects the knowledge of the leading minds in the field. Following an editors’ introduction, the volume is divided into four sections. First, two contributions situate and contextualize the volume by providing insight into the growth of mass punishment over the past three decades and an overview of the broad consequences of punishment decisions. The overviews are then followed by a section exploring the broader societal impacts of punishment on housing, employment, family relationships, and health and well-being. The third section centers on special populations and examines the unique effects of punishment for juveniles, immigrants, and individuals convicted of sexual or drug-related offenses. The fourth section focuses on institutional implications with contributions on jails, community corrections, and institutional corrections.

This title presents a fully developed punishment theory which incorporates both utilitarian and retributive sentencing purposes. The author describes and defends a hybrid sentencing model that integrates theory and practice - blending and balancing both the competing principles of retribution and rehabilitation and the procedural concern of weighing rules against discretion.

Sentencing in Canada contains a unique collection of essays that explore all key aspects of sentencing. The contributors include leading academics, criminal law practitioners, and members of the judiciary, and many of the authors have extensive experience working in the areas of sentencing and parole. The volume is not simply a statement of the law--instead, the chapters examine the wider context in which sentencing and parole decisions are taken. The volume also incorporates findings from the latest empirical research into sentencing policy and practice in Canada, including important issues such as sentencing Indigenous persons. As Mr Justice Moldaver notes in his preface, the volume "will be useful to criminal law practitioners and, more generally, to all persons interested in sentencing."

This book asks how we should make sense of sentencing when, despite huge efforts world-wide to analyse, critique and reform it, it remains an enigma.Sentencing: A Social Process reveals how both research and policy-thinking about sentencing are confined by a paradigm that presumes autonomous individualism, projecting an artificial image of sentencing practices and policy potential. By conceiving of sentencing instead as a social process, the book advances new policy and research agendas. Sentencing: A Social Process proposes innovative solutions to classic conundrums, including: rules versus discretion; aggravating versus mitigating factors; individualisation versus consistency; punishment versus rehabilitation; efficient technologies versus the quality of justice; and ways of reducing imprisonment.