Sentencing [electronic resource] : a social process : re-thinking research and policy / Cyrus Tata
- Bib ID:
- 8169392
- Format:
- Book
- Author:
- Tata, Cyrus
- Online Access:
- http://search.ebscohost.com/login.aspx?direct=true&scope=site&db=nlebk&db=nlabk&AN=2339398
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- Description:
-
- Cham : Palgrave Macmillan, 2020
- 1 online resource ( 187 p..) :
- ISBN:
-
- 9783030010607 ((electronic bk.))
- 3030010600 ((electronic bk.))
- Invalid ISBN:
- 9783030010591
- Series:
- Palgrave Macmillan socio-legal studies.
- Full contents:
-
- Intro
- Preface and Acknowledgements
- Praise for Sentencing: A Social Process
- Contents
- List of Tables
- 1 Sentencing Decision-Making: Unravelling the Enigma
- 1 Why Rethink Sentencing Research and Policy?
- 1.1 An Enduring Enigma
- 2 Sentencing as a Social Process: Three Key Qualities
- 2.1 Sentencing Decision-Making Is Neither Magic Nor Machine, but Interpretive
- 2.2 Sentencing Is Processual
- 2.3 Sentencing Is Performative
- 3 The Structure of the Book
- References
- 2 Sentencing Research and Policy: Presumed Autonomous Individualism
- 1 Two Giants of Sentencing Thought in Combat
- 1.1 The Legal-Rational Tradition
- Juridification
- Transparency
- 1.2 The Judicial-Defensive Tradition
- How the New Penology-Inspired Literature Fortifies the Judicial-Defensive Tradition
- 1.3 The Two Traditions Share the Same Assumptions
- 2 Autonomous Individualism and the Sentencing Cosmos
- 2.1 Separate Autonomous Individual Entities
- 3 Law Versus Discretion: Are Legal Rules and Discretion Really Opposites?
- 3.1 Coercion Versus Freedom: The Autonomous Individual Judge?
- An Asocial Conception of Freedom and Coercion
- The Self-Possessed Individual
- Discretion as the Personal Property of the Autonomous Individual Judge
- Gender and the Rule-Discretion Binary
- 4 Case Factors: Autonomous Individual Entities?
- 4.1 The Analysis of 'Factors'
- 4.2 Problematising 'Factors'
- 5 Conclusions and Implications
- References
- 3 The Social Production of Sentencing
- 1 How the Discretion-Versus-Rules Binary Dissolves
- 2 The Indivisibility of 'Rules' and 'Facts'
- 2.1 The Devil Is in 'the Facts'
- Case 'Facts' and the Making of Cases
- 2.2 The Devil Is in the Rule-Facts Dialogue
- 2.3 What Does 'Process' Mean in Sentencing Decision-Making?
- Who Does Sentencing Work?
- 2.4 Multi-conviction Cases
- The Need for Typified Whole Offence Approach
- 2.5 Offender Characteristics
- Offence Versus Offender?
- 3 How Reason-Giving and Accountability Are Socially Produced
- 4 Conclusions and Implications
- References
- 4 The Work of the Sentencing Professions: Animating Autonomous Individualism
- 1 Constituting the Rules-Facts Dialogue: The Role of the Sentencing Professions
- 1.1 Understanding Professional Work: The Problem of Apprehension
- 2 Conceptions of Professions
- 2.1 The Trait Model
- 2.2 The Proprietorial-Control Model
- The Application of Abstract Knowledge and Professional Ownership
- Professional Ethics and Client Choice
- 3 The Individualising Work of the Sentencing Professions
- 3.1 Autonomous Individualisation in the Discourse of Professional Responsibility
- 3.2 The Autonomous Individualisation of the Subject of Sentencing
- 4 Conclusions
- References
- 5 The Humanising Work of the Sentencing Professions: Individualising and Normalising
- 1 Professional Boundaries
- 1.1 Inter-professional Competition and the Division of Sentencing Work
- Notes:
-
- Description based upon print version of record.
- 2 Performing Legitimacy: The Cultivation of Ideal Clientele
- Includes bibliographical references and index.
- Reproduction:
- Electronic reproduction. Ipswich, MA Available via World Wide Web.
- Subject:
- Sentences (Criminal procedure)
- Other authors/contributors:
- EBSCOhost
- Copyright:
-
In Copyright
You may copy under some circumstances, for example you may copy a portion for research or study. Order a copy through Copies Direct to the extent allowed under fair dealing. Contact us for further information about copying.
Copyright status was determined using the following information:
- Material type:
- Literary Dramatic Musical
- Published status:
- Published
- Publication date:
- 2020
Copyright status may not be correct if data in the record is incomplete or inaccurate. Other access conditions may also apply. For more information please see: Copyright in library collections.