Mitigation and aggravation at sentencing /

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Bibliographic Details
Imprint:	Cambridge, U.K. ; New York : Cambridge University Press, c2011.
Description:	xvii, 285 p. ; 24 cm.
Language:	English
Series:	Cambridge studies in law and society Cambridge studies in law and society.
Subject:	Sentences (Criminal procedure) -- England -- Congresses. Sentences (Criminal procedure) England. Conference papers and proceedings.
Format:	Print Book
URL for this record:	http://pi.lib.uchicago.edu/1001/cat/bib/8534707

Hidden Bibliographic Details
Other authors / contributors:	Roberts, Julian V.
ISBN:	9780521197809 (hardback) 0521197805 (hardback)
Notes:	Includes bibliographical references and index.
Summary:	"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"--Provided by publisher.

Table of Contents:

List of tables
List of contributors
Foreword
Acknowledgments
1. Punishing, more or less: exploring aggravation and mitigation at sentencing
2. Re-evaluating the justifications for aggravation and mitigation at sentencing
3. The search for principles of mitigation: integrating cultural demands
4. Personal mitigation and assumptions about offending and desistance
5. Intoxication as a sentencing factor: mitigation or aggravation?
6. Beyond the partial excuse: Australasian approaches to provocation as a sentencing factor
7. Equality before the law: racial and social background factors as sources of mitigation at sentencing
8. Personal mitigation: an empirical analysis in England and Wales
9. Exploring public attitudes to sentencing factors in England and Wales
10. The pernicious impact of perceived public opinion on sentencing: findings from an empirical study of the public's approach to personal mitigation
11. Addressing problematic sentencing factors in the development of guidelines
12. Proof of aggravating and mitigating facts at sentencing
13. Mitigation in federal sentencing in the United States
14. The discretionary effect of mitigating and aggravating factors: A South African case study
Index

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