Crime and Justice-A Review of Research最新文献_第9页

Nordic Sentencing 北欧量刑

2区社会学

Crime and Justice-A Review of Research Pub Date : 2016-09-01 DOI: 10.1086/686040

Tapio Lappi-Seppälä

{"title":"Nordic Sentencing","authors":"Tapio Lappi-Seppälä","doi":"10.1086/686040","DOIUrl":"https://doi.org/10.1086/686040","url":null,"abstract":"Broad harmony and much commonality characterize the basic principles and core priorities of the sentencing systems of the four larger Nordic countries, notwithstanding rich diversity in details. Since 1960, there have been three distinctive phases in criminal justice policy and associated law reforms. A liberal period of “human and rational penal policy” from the late 1960s to early 1990s reformulated principles of penological thinking and resulted, among other things, in a radical reduction in the use of imprisonment in Finland. A second phase beginning in the mid-1990s, the “punitive turn—Nordic style,” with Sweden playing the central role, included a gradual politicization of criminal justice policy and intensification in penal control especially in relation to drugs, violence, and sexual offenses. Political and police trends in the 2000s have been somewhat contradictory but include success in controlling the use of imprisonment and expanding the use of community penalties. Imprisonment rates rose slightly in the late 1990s but since 2005 have been either stable or declining. There is rich diversity in details among the Nordic countries but also broad harmony in basic principles and priorities.","PeriodicalId":51456,"journal":{"name":"Crime and Justice-A Review of Research","volume":"45 1","pages":"17 - 82"},"PeriodicalIF":0.0,"publicationDate":"2016-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1086/686040","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60517718","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 19

Differences in National Sentencing Systems and the Differences They Make 各国量刑制度的差异及其造成的差异

2区社会学

Crime and Justice-A Review of Research Pub Date : 2016-09-01 DOI: 10.1086/688454

M. Tonry

引用次数: 4

Sentencing and Penal Policies in Italy, 1985–2015: The Tale of a Troubled Country 意大利的量刑和刑罚政策，1985-2015:一个麻烦国家的故事

2区社会学

Crime and Justice-A Review of Research Pub Date : 2016-07-07 DOI: 10.1086/686042

A. Corda

{"title":"Sentencing and Penal Policies in Italy, 1985–2015: The Tale of a Troubled Country","authors":"A. Corda","doi":"10.1086/686042","DOIUrl":"https://doi.org/10.1086/686042","url":null,"abstract":"Significant changes in Italian political, socioeconomic, and institutional contexts since 1985 have led to markedly harsher policies and laws. Sentencing law and penal policies have changed substantially. In the late 1980s, the legislature embraced rehabilitation in corrections and enacted a new Code of Criminal Procedure modeled on principles and values typical of adversarial legal systems. The demise in the early 1990s of the so-called First Republic due to the massive bribery scandal known as Mani Pulite (“Clean Hands”) profoundly affected the structure and functioning of the political system, perceptions of crime, and shaping of penal policies. Despite stable and declining crime rates, over time governments have enacted policies overrelying on criminal sanctions. Particular categories of offenders, undocumented immigrants and drug offenders, have been hit especially hard. Rapidly growing imprisonment rates produced overcrowding that was tackled mostly with alternatives to implementation of custodial sentences and pretrial detention. Persisting signs of punitive moderation for the most part are attributable to the inherent inefficiency of the criminal justice system, the “disintegration” of punishment at different stages of the process, and realpolitik policies adopted to address supranational concerns.","PeriodicalId":51456,"journal":{"name":"Crime and Justice-A Review of Research","volume":"45 1","pages":"107 - 173"},"PeriodicalIF":0.0,"publicationDate":"2016-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1086/686042","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60517544","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 7

Weathering the Storm? Testing Long-Standing Canadian Sentencing Policy in the Twenty-First Century 风平浪静?21世纪考验加拿大长期存在的量刑政策

2区社会学

Crime and Justice-A Review of Research Pub Date : 2016-06-24 DOI: 10.1086/685755

A. Doob, C. Webster

引用次数: 17

Equality and Human Dignity: The Missing Ingredients in American Sentencing 平等与人的尊严:美国量刑中缺失的成分

2区社会学

Crime and Justice-A Review of Research Pub Date : 2016-06-22 DOI: 10.1086/686256

M. Tonry

引用次数: 5

Belgian Sentencing as a Bifurcated Practice? 比利时量刑是一种分裂的实践?

2区社会学

Crime and Justice-A Review of Research Pub Date : 2016-06-22 DOI: 10.1086/685756

Veerle Scheirs, K. Beyens, Sonja Snacken

{"title":"Belgian Sentencing as a Bifurcated Practice?","authors":"Veerle Scheirs, K. Beyens, Sonja Snacken","doi":"10.1086/685756","DOIUrl":"https://doi.org/10.1086/685756","url":null,"abstract":"Belgian sentencing is in a period of turmoil. Belgian judges value their independence. Most believe in the desirability of individualized sentencing and resent intrusions on their autonomy. Although many continue to hold classsical views about the purposes of sentencing, new practices and laws, triggered partly by several decades of rising imprisonment rates and recent efforts by policy makers and correctional officials to contain it, have changed the penal landscape. The public prosecutor has increasing authority to divert cases from investigation and from sentencing judges, leading to de facto sentencing powers for prosecutors. Recent and upcoming innovations have created new freestanding sanctions of work penalties (often elsewhere called community service), electronic monitoring, and probation. A more fully bifurcated legal system is emerging with longer prison sentences for some offenses and offenders, including postprison preventive detention, and more community punishments aiming for a reduced use of imprisonment for others. Many judges are unconvinced though about the desirability of reduced imprisonment use for some convicted offenders. It remains to be seen what Belgian sentencing will look like when practices incorporating recent changes have stabilized.","PeriodicalId":51456,"journal":{"name":"Crime and Justice-A Review of Research","volume":"45 1","pages":"267 - 306"},"PeriodicalIF":0.0,"publicationDate":"2016-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1086/685756","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60506807","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 5

No News Is Good News: Criminal Sentencing in Germany since 2000 没有消息就是好消息:2000年以来德国的刑事判决

2区社会学

Crime and Justice-A Review of Research Pub Date : 2016-06-22 DOI: 10.1086/686041

Thomas Weigend

引用次数: 6

Sentencing in Poland: Failed Attempts to Reduce Punitiveness 波兰的量刑:减少惩罚的失败尝试

2区社会学

Crime and Justice-A Review of Research Pub Date : 2016-06-21 DOI: 10.1086/685539

Krzysztof Krajewski

{"title":"Sentencing in Poland: Failed Attempts to Reduce Punitiveness","authors":"Krzysztof Krajewski","doi":"10.1086/685539","DOIUrl":"https://doi.org/10.1086/685539","url":null,"abstract":"Poland, like all central and eastern European communist countries, had notoriously harsh sentencing practices and high imprisonment rates, in sharp contrast to western Europe. After 25 years of political, economic, and social reforms, sentencing in Poland remains very different from patterns in western Europe. It is unclear whether that results from particularities of the transformation after 1990 or from shadows of the communist past and mentality. After 1989 substantial efforts were made to reduce punitiveness. A major liberalization took place in the early 1990s under the old communist penal code, the product primarily of changes in sentencing practice, and not in the law. Trends reversed after a new 1998 code took effect. Legislation meant to liberalize sentencing practice instead produced increased use of imprisonment. This resulted mainly from the changing political and social atmosphere. Imprisonment increased while sentencing policies became milder. This seems to result not from especially frequent use of imprisonment or harsh sentences but from abuse of sentencing the main alternative, the suspended sentence. It is imposed often, but is often revoked, with recipients ending up behind bars.","PeriodicalId":51456,"journal":{"name":"Crime and Justice-A Review of Research","volume":"45 1","pages":"175 - 219"},"PeriodicalIF":0.0,"publicationDate":"2016-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1086/685539","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60502113","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 11

Understanding the Sentencing Process in France 了解法国的量刑程序

2区社会学

Crime and Justice-A Review of Research Pub Date : 2016-06-21 DOI: 10.1086/685538

J. Hodgson, Laurène Soubise

{"title":"Understanding the Sentencing Process in France","authors":"J. Hodgson, Laurène Soubise","doi":"10.1086/685538","DOIUrl":"https://doi.org/10.1086/685538","url":null,"abstract":"French sentencing is characterized by broad judicial discretion and an ethos of individualized justice focused on rehabilitation. The aims are to prevent recidivism, and so protect the interests of society, while reintegrating the offender. By contrast, the political Right, characterized by the recent Sarkozy regime, favors deterrence through harsher penalties, minimum prison sentences, increased incarceration, and preventive detention of offenders considered dangerous. The sentencing process can be understood only within the broader context of inquisitorially rooted criminal procedure. The central part played by the prosecutor (including in case disposition through alternative sanctions) and her role in recommending sentences that the court almost invariably endorses, together with the unitary nature of the judicial profession, means that there is remarkable consistency in penalties imposed. The contrainte pénale, based on a reconsideration of the range of available penalties put forward by the Consensus Commission and legislated in 2014, is unlikely to have great impact without investment in the probation service and a change in the judicial culture that still favors simple sentencing options, including imprisonment, compared with alternatives now in place.","PeriodicalId":51456,"journal":{"name":"Crime and Justice-A Review of Research","volume":"45 1","pages":"221 - 265"},"PeriodicalIF":0.0,"publicationDate":"2016-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1086/685538","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60502103","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 7

The Evolution of Sentencing Policy and Practice in England and Wales, 2003–2015 2003-2015年英格兰和威尔士量刑政策与实践的演变

2区社会学

Crime and Justice-A Review of Research Pub Date : 2016-06-20 DOI: 10.1086/685754

Julian V. Roberts, A. Ashworth

{"title":"The Evolution of Sentencing Policy and Practice in England and Wales, 2003–2015","authors":"Julian V. Roberts, A. Ashworth","doi":"10.1086/685754","DOIUrl":"https://doi.org/10.1086/685754","url":null,"abstract":"Sentencing in England and Wales has evolved in a direction apart from other common law countries. Although sentencing problems found in many Western nations are present, legislative and judicial responses have been very different. The use of custody rose steeply in the 1990s and has remained stable around that level in recent years. Crimes of violence and sexual aggression have, however, attracted increasingly longer sentences. The other principal changes are a steep increase in indeterminate sentence offenders, now accounting for some 19 percent of the prison population, and a striking rise in the volume of suspended sentences that has reduced the use of community sentences rather than terms of imprisonment. Net widening has therefore occurred. The principal distinction between England and most other jurisdictions is that statutorily binding guidelines now exist for both magistrates’ and higher courts. Unlike most US guidelines that assign offenses to levels of seriousness within a single sentencing grid, the English guidelines are offense specific. The Sentencing Council has also issued “generic” guidelines applying to all categories of offending. The guidelines have been evolving for over a decade now and cover most common offenses. Growing, but still limited, research suggests modest positive effects on consistency and proportionality in sentencing.","PeriodicalId":51456,"journal":{"name":"Crime and Justice-A Review of Research","volume":"45 1","pages":"307 - 358"},"PeriodicalIF":0.0,"publicationDate":"2016-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1086/685754","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60506511","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 22