By Graeme Brown

How do judges sentence? specifically, how vital is judicial discretion in sentencing? Sentencing directions are usually stated to advertise consistency, yet is consistency in sentencing possible or maybe fascinating? while the passing of a sentence is arguably the main public level of the felony justice method, there were few makes an attempt to ascertain judicial perceptions of, and attitudes in the direction of, the sentencing process.

Through interviews with Scottish judges and by means of providing a accomplished overview and research of contemporary scholarship on sentencing – together with a comparative examine of united kingdom, Irish and Commonwealth sentencing jurisprudence – this e-book explores those concerns to give a scientific conception of sentencing. via an integration of the idea that of fairness as particularised justice, the Aristotelian thought of phronesis (or 'practical wisdom'), the idea that of worth pluralism, and the point of interest of appellate courts during the Commonwealth on sentencing in terms of 'instinctive synthesis', it really is argued that judicial sentencing technique is better considered by way of a phronetic synthesis of the suitable evidence and situations of the actual case. the writer concludes that sentencing is better conceptualised as a sort of case-orientated, concrete and intuitive selection making; one who seeks individualisation via judicial attractiveness of the profoundly contextualised nature of the process.

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Criminal Sentencing as Practical Wisdom by Graeme Brown


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