... that pursues the common goals of rehabilitation and social pedagogic interventions. young adults criminal courts sentencing social justice maturity sentencing guidelines ‘Young adults’ (18–25 year olds) ¹ in the criminal justice system are receiving focussed attention in a number...

... in England and Wales by the Sentencing Council ³ have sought to promote transparency and public confidence in sentencing. Judges must follow sentencing guidelines, only disregarding them where their application is believed to be “contrary to the interests of justice” (Coroners and Justice Act...

... outbreak of disorder takes offending outside the sentencing guidelines. The position for sentencing riot-related offending in future is unclear, however, as the Court gave no indication of how to calibrate this departure, and the Sentencing Council has made offending during public disorder an aggravating...

...Julian V. Roberts An offender appears for sentencing in England and Wales having been convicted of an offence for which a definitive sentencing guideline exists. What exactly is the duty of the court with respect to the guidelines issued by the Sentencing Council? Must the court sentence within...

... that judges are reduced to mere ‘judgement machines’, ‘no more responsible for consequences of their judgement than a pregnancy test for the condition it declares’ (Simon 2007: 140). At the time of writing, it is not clear yet whether these will be adopted as definitive sentencing guidelines as they stand...

...Blackstone’s Handbook of Youths in the Criminal Courts. Mark Ashford, Gareth Branston, and Naomi Redhouse, Oxford University Press. © Oxford University Press 2024. DOI: 10.1093/oso/9780198913146.003.0004 This chapter focuses on the youth-specific sentencing guidelines for sexual...

... to indicate that a court can pursue whatever penal aim it chooses, though the Sentencing Guidelines Council has stressed the importance of proportionality. The court can clearly choose to take any mitigating factors into account, although there is no indication of the weight to be given to them. In cases...

... or lesser) and culpability (higher or lower) and each guideline sets out factors that courts must consider when determining whether harm and culpability are greater/higher or lesser/lower. For example, the sentencing guidelines for offences related to dangerous dogs refer to ‘serious injury’ as one factor...

...Many common law jurisdictions continue to operate without directive sentencing guidelines such as those operating in some American jurisdiction or those more recently introduced in England and Wales. In the absence of guidelines, trial courts must rely mainly on general principles established...

...Are closely comparable countries following England and Wales by moving towards the development of systematic sentencing guidelines by a Sentencing Council? And if they are not, how are these different paths explicable? This chapter examines the path being pursued in Scotland. It will be shown...

... it is in theory. Still, Roberts’ work on sentencing guidelines, in particular, continues to hold out the possibility of additional guidance in the pursuit of proportionality. Another concern implicit in the Parranto decision relates to Canada’s federal structure. The federal government has...

... sentencing guidelines meant to slow the growth of prison admissions. This chapter answers why, less than ten years later, Florida officials decided to comply with the court order by building more prisons, rather than finding alternatives to incarceration. It argues that when prison admissions began to soar...

... to shape and enhance existing sentencing guidelines. References Bagaric, M. , and G. Wolf . 2018 . “ Sentencing by Computer: Enhancing Sentencing Transparency and Predictability, and (Possibly) Bridging the Gap between Sentencing Knowledge and Practice. ” George Mason Law Review 25 (4): pp. 653...

... to consider these issues through analysing the importance of the right to equality and freedom from discrimination in the ECHR at the sentencing stage. This provides the basis for a re-examination of notions of disparity in sentencing practice, the role of sentencing guidelines, and the issue of criminal...

...This chapter offers some commentary issues on sentencing guidelines in England and Wales. It also suggests some ways in which sentencing in this jurisdiction may be further enhanced. In the chapter, the focus is on a small number of questions: 1) what kinds of sentencing guidelines are appropriate...

... to Post-Conviction Claims of Innocence. ” Boston University Law Review 84(1): 125–183. Miller v. Alabama. 2012. 567 U.S. 460. Mitchell, Kelly Lyn . 2017 . “ State Sentencing Guidelines: A Garden Full of Variety. ” Federal Probation 81(2): 28...

... a single tribunal but also across the tribunals. The main problem of the ICTY and ICTR sentencing is not so much the lack of consistency as the lack of transparency and clarity of sentence determinations. The feasibility and necessity of international sentencing guidelines are discussed...

... disparities but increased procedural requirements for sentencing enhancements. The Introduction shows how Norval Morris’s limiting retributivism theory helps to harmonize and prioritize the often-conflicting purposes of punishment, and how the best state sentencing guidelines provide suitable procedures...

...; social equality; within-desert adjustments for offender risk and needs; retention of substantial judicial sentencing authority; and front-end, system-wide correctional resource management. These principles are implemented with legally binding, commission-supervised sentencing guidelines, enforced...

.... It then details current laws and penalties, with particular emphasis on the relationship of the US Federal Sentencing Guidelines to the increasing length of incarceration for those convicted of possessing child pornography. It reviews current psychological data and understanding with regard to child pornography...