Richard S. Frase – författare
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3 produkter
3 produkter
779 kr
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All modern sentencing systems, in the US and beyond, consider the offender's prior record to be an important determinant of the form and severity of punishment for subsequent offences. Repeat offenders receive harsher punishments than first offenders, and offenders with longer criminal records are punished more severely than those with shorter records. Yet the vast literature on sentencing policy, law, and practice has generally overlooked the issue of prior convictions, even though this is the most important sentencing factor after the seriousness of the crime. In Paying for the Past, Richard S. Frase and Julian V. Roberts provide a critical and systematic examination of current prior record enhancements under sentencing guidelines across the US. Drawing on empirical data and analyses of guidelines from a number of jurisdictions, they illustrate different approaches to prior record enhancements and the differing outcomes of those approaches. Roberts and Frase demonstrate that most prior record enhancements generate a range of adverse outcomes at sentencing. Further, the pervasive justifications for prior record enhancement, such as the repeat offender's assumed higher risk of reoffending or greater culpability, are uncertain and have rarely been subjected to critical appraisal. The punitive sentencing premiums for repeat offenders prescribed by US guidelines cannot be justified on grounds of prevention or retribution.Shining a light on a neglected but critically important topic, Paying for the Past examines the costs of prior record enhancements for repeat offenders and offers model guidelines to help reduce racial disparities and reallocate criminal justice resources for jurisdictions who use sentence enhancements.
Proportionality Principles in American Law
Controlling Excessive Government Actions
Inbunden, Engelska, 2009
516 kr
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From the ancient origins of Just War doctrine to contemporary theories of punishment, concepts of proportionality have long been an instrumental part of the rule of law and an essential check on government power. The American legal system, despite frequent, though unacknowledged, use of proportionality principles, has not developed a general theory of proportionality. In Proportionality Principles in American Law, two renowned legal scholars seek to advance such a theory. They argue that standards of review should be more clearly and precisely defined, and that in most circumstances every intrusive government measure which limits or threatens individual rights should undergo some degree of proportionality review. Surveying the longstanding use of proportionality principles as well as examples from foreign and international law, E. Thomas Sullivan and Richard Frase identify three basic ways that government measures and private remedies have been found to be disproportionate: relative to fault; relative to alternative means of achieving the same practical purposes; and relative to the likely practical benefits of the measure or remedy. Using this framework, the book examines the origins and contemporary uses of proportionality principles in public law, civil liberties, and the criminal justice system, emphasizing the utility of proportionality principles to guide judicial review of excessive government measures. Seeking to categorize and harmonize a variety of judicial review standards and their underlying proportionality concepts, Proportionality Principles in American Law will help lawyers, judges, and legislators more consistently, and more effectively, apply proportionality principles and thus help American courts better serve their vital roles as guardians of individual rights and liberties.
1 098 kr
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What are the most important purposes of punishment, in general and in particular cases? What makes just sentencing? These eternal questions are very difficult to answer because traditional as well as emerging sentencing purposes often conflict. Retributive and non-retributive institutions and intuitions of justice are both deeply-rooted and each equally hard to ignore. There is no generally accepted or well-elaborated theory to guide and evaluate recent or proposed sentencing changes, and most of the major books on sentencing theory are outdated. There is a compelling need for a new sentencing model. In Just Sentencing, Richard Frase 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. Frase lays out a sentencing reform model based on the theory of limiting retributivism. The theory accommodates retributive values--especially the human-rights-based need to limit maximum sanction severity--along with crime-control goals such as deterrence, incapacitation, rehabilitation, and moral education. It also promotes efficiency and provides sufficient flexibility to incorporate victim and community participation, local values and resource limitations, and restorative justice programs. Frase presents his significantly expanded version of the limiting retributive model and distinguishes it from versions proposed by others. Next, he demonstrates the practical feasibility and widespread support for this approach by showing how it has been successfully implemented in Minnesota, while also identifying the less developed limiting retributive elements found in almost all Western countries. The final part of the book identifies and attempts to resolve the model's most important theoretical and practical challenges, and suggest further improvements. Just Sentencing is the first book in over forty years to present a fully developed punishment theory which incorporates both utilitarian and retributive sentencing purposes.