Suchergebnisse

"With particular emphasis on the emerging role of sentencing commissions, advisory councils or panels in a number of English speaking countries, this book brings together the theoretical perspectives on the role of the public in the development of sentencing policy."--Provided by publisher

This article provides a case study of the process of criminalising a form of dangerous driving in Victoria. It examines the process whereby an ostensibly draconian Bill was transformed into one far less damaging to fundamental criminal law principles and illustrates how populism may be tempered by proper parliamentary procedures, cooperation between parties and a desire to balance political and legal imperatives. It also examines the place of constructive offences in the criminal law and the role that the consequences of an offence plays in the structure of the substantive criminal law and in sentencing, particularly in the context of driving offences.

This article provides a case study of the process of criminalising a form of dangerous driving in Victoria. It examines the process whereby an ostensibly draconian Bill was transformed into one far less damaging to fundamental criminal law principles and illustrates how populism may be tempered by proper parliamentary procedures, cooperation between parties and a desire to balance political and legal imperatives. It also examines the place of constructive offences in the criminal law and the role that the consequences of an offence plays in the structure of the substantive criminal law and in sentencing, particularly in the context of driving offences.

This article provides a case study of the process of criminalising a form of dangerous driving in Victoria. It examines the process whereby an ostensibly draconian Bill was transformed into one far less damaging to fundamental criminal law principles and illustrates how populism may be tempered by proper parliamentary procedures, cooperation between parties and a desire to balance political and legal imperatives. It also examines the place of constructive offences in the criminal law and the role that the consequences of an offence plays in the structure of the substantive criminal law and in sentencing, particularly in the context of driving offences.

This article argues that if crime prevention policies are to succeed in the political or public spheres they must address some of the deeper emotional or affective dimensions of crime and its place in society. While crime prevention remains a predominantly `rationalist' approach to criminal policy it will fail to compete successfully with the more emotive law and order policies which tend to resonate with the public and which appear to meet deep-seated psychological and affective needs. It suggests that crime prevention can address the three core elements that must make up a response to crime: the instrumental, the emotional and the production of social cohesion. It outlines a range of values and symbols which crime prevention may tap into in order to meet some of the affective dimensions of criminal justice policy.

This article is an attempt to extricate sanction analysis from its criminological context and to focus on the sanction as an independent realm of knowledge. A framework for the study of sanctions based on power relations is suggested which has three major aspects: first, sanction form, of which seven types are identified (physical, economic, social, informational, political, privacy, and legal); second, sanction mode (postulated as either positive or negative); and third, arena of deployment, being either public or private. The advantages of this type of analysis over other sanction taxonomies are briefly discussed.