Sentencing: A Reference Handbook offers a complete overview of the complex sentencing procedures devised by the federal government and each of the 50 states. From the Code of Hammurabi (1800 BC) to the present, Sentencing: A Reference Handbook follows the historical evolution of the process of criminal punishment, then focuses on the U.S. judicial system to show how American sentencing laws have changed in response to surges of different types of crime, or to other factors such as prison overcrowding. To help readers understand the complex issue of criminal sentencing, this informative volume…mehr
Sentencing: A Reference Handbook offers a complete overview of the complex sentencing procedures devised by the federal government and each of the 50 states. From the Code of Hammurabi (1800 BC) to the present, Sentencing: A Reference Handbook follows the historical evolution of the process of criminal punishment, then focuses on the U.S. judicial system to show how American sentencing laws have changed in response to surges of different types of crime, or to other factors such as prison overcrowding. To help readers understand the complex issue of criminal sentencing, this informative volume describes the major sentencing procedures used in American courts (determinate, indeterminate, guidelines-based, and mandatory), highlighting the merits and flaws of each with well-documented cases and examples. Coverage includes a range of contentious issues, including the disproportionate application of the death penalty, sex offender laws, punishing the addicted and the mentally ill, and balancing punishment with rehabilitation.Hinweis: Dieser Artikel kann nur an eine deutsche Lieferadresse ausgeliefert werden.
Dean John Champion, Ph.D., is professor of criminal justice at Texas A&M International University, Laredo, TX. His published works include ABC-CLIO's Police Misconduct in America.
Inhaltsangabe
TABLE OF CONTENTS Chapter 1: Background and History Introduction Sentencing Defined Goals of Sentencing Promote Respect for the Law Reflect Seriousness of the Offense Deterrence of Future Criminal Conduct Protect Public from Dangerous Offenders Offender Rehabilitation and Reintegration Provide Justice and Just Punishment for Crimes Committed A History of Sentencing in the United States Types of Sentencing Systems Indeterminate Sentencing Determinate Sentencing Presumptive or Guidelines Based Sentencing Mandatory Sentencing Other Sentencing Schemes Truth-in-Sentencing Laws Three-Strikes-and-You're Out Laws Habitual Offender or Career Criminal Statutes State and Federal Sentencing Systems Compared The Rights of the Accused in the Sentencing Process The Sentencing Process Sentencing Hearings Acceptance of Responsibility Aggravating and Mitigating Circumstances Statutory and Nonstatutory Factors as Considerations Legal and Extralegal Factors Summary References Chapter 2: Problems, Controversies, and Solutions Introduction Sentencing Issues Probation or Incarceration? Jail and Prison Overcrowding Offender Needs or Public Safety? Selective Incapacitation: False Positives and False Negatives Wrongful Convictions and State/Federal Responses Judicial Discretion and Abuse of Discretion Parole Board Discretion and Abuse of Discretion Punishments without Conviction: Alternative Dispute Resolution and Diversion Predicting Offender Dangerousness or Risk Presentencing Investigations and Probation/Parole Officer Input Changing Sentencing Legislation and Public Response Special Types of Offenders and Unique Punishments Mentally Ill Offenders and Treatments Drug- or Alcohol-Dependent Offenders and Treatments Sex Offenders Child Sexual Abusers Civil Commitment Beyond Criminal Punishment Community Notification Laws Are Some Types of Offenders Overpenalized? Recidivism and Sentencing Effectiveness Some Constitutional Issues Sentencing Appeals and the Appeals Process Summary References Chapter 3: Worldwide Perspective Introduction How to Other Countries Sentence Their Offenders? Sentencing Schemes and Practices in Other Countries Australia Canada Costa Rica Great Britain France Ghana Japan Netherlands Norway Russia South Africa South Korea Sweden Thailand References Chapter 4: Chronology Introduction Summary References Chapter 5: Biographical Sketches John Augustus F. Lee Bailey Zebulon Brockway Warren E. Burger Johnnie L. Cochran Edward Coke, Sir Walter Crofton, Sir Alan Dershowitz Elizabeth Gurney Fry Peter Greenwood Hammurabi John Howard Henry C. Lee Alexander Maconochie William Penn John Roberts Barry Scheck William Howard Taft Peter Oxenbridge Thatcher Earl Warren Chapter 6: Facts, Data, and Leading U.S. Supreme Court Cases Introduction Sentenced U.S. Inmates in Prisons and Jails Offenders on Probation in the United States Offenders on Parole in the United States Offender Profiles: Race/Ethnicity, Gender, Prior Record Average Sentence Lengths for Various Offenses State and Federal Sentencing Types and Patterns Sentencing Trends Leading U.S. Supreme Court Cases Pertaining to Sentencing Schemes and Other Related Factors Ake v. Oklahoma Blakely v. Washington Brown v. Sanders Custis v.United States Deal v. United States Deck v. Missouri Harmelin v. Michigan Harris v. United States Jones v. United States Koon v. United States McMillan v. Pennsylvania Melendez v. United States Muscarello v. United States O'Dell v. Netherland Penry v. Johnson Powell v. United States (See Koon v. United States) Shepard v. United States Simpson v. United States Smith v. United States United States v. Dunnigan United States v. Gonzales United States v. Granderson United States v. Johnson Wisconsin v. Mitchell The U.S. Sentencing Guidelines Braxton v. United States Buford v. United States Melendez v. United States Mistretta v. United States Stinson v. United States United States v. Booker United States v. Ruiz Sex Offender Laws Seling v. Young Stogner v. California Sexual Predators Kansas v. Crane Kansas v. Hendricks Reconvictions and Resentencing Arizona v. Rumsey Bullington v. Missouri North Carolina v. Pearce Acceptance of Responsibility Braxton v. United States Aggravating and Mitigating Circumstances Arrave v. Creech Beard v. Banks Blystone v. Pennsylvania Lankford v. Idaho Maynard v. Cartwright Sumner v. Schuman Tennard v. Dretke Summary Chapter 7: Directory of Organizations, Associations, and Agencies Introduction Prosecution and Governmental Agencies Defense and Defense Organizations Public Defender Organizations American Bar Association Public and Private Organizations United Nations Amnesty International American Civil Liberties Union Other Organizations Summary Chapter 8: Resources Introduction Annotated Print Resources Annotated Nonprint Resources Summary Glossary Index About the Author
TABLE OF CONTENTS Chapter 1: Background and History Introduction Sentencing Defined Goals of Sentencing Promote Respect for the Law Reflect Seriousness of the Offense Deterrence of Future Criminal Conduct Protect Public from Dangerous Offenders Offender Rehabilitation and Reintegration Provide Justice and Just Punishment for Crimes Committed A History of Sentencing in the United States Types of Sentencing Systems Indeterminate Sentencing Determinate Sentencing Presumptive or Guidelines Based Sentencing Mandatory Sentencing Other Sentencing Schemes Truth-in-Sentencing Laws Three-Strikes-and-You're Out Laws Habitual Offender or Career Criminal Statutes State and Federal Sentencing Systems Compared The Rights of the Accused in the Sentencing Process The Sentencing Process Sentencing Hearings Acceptance of Responsibility Aggravating and Mitigating Circumstances Statutory and Nonstatutory Factors as Considerations Legal and Extralegal Factors Summary References Chapter 2: Problems, Controversies, and Solutions Introduction Sentencing Issues Probation or Incarceration? Jail and Prison Overcrowding Offender Needs or Public Safety? Selective Incapacitation: False Positives and False Negatives Wrongful Convictions and State/Federal Responses Judicial Discretion and Abuse of Discretion Parole Board Discretion and Abuse of Discretion Punishments without Conviction: Alternative Dispute Resolution and Diversion Predicting Offender Dangerousness or Risk Presentencing Investigations and Probation/Parole Officer Input Changing Sentencing Legislation and Public Response Special Types of Offenders and Unique Punishments Mentally Ill Offenders and Treatments Drug- or Alcohol-Dependent Offenders and Treatments Sex Offenders Child Sexual Abusers Civil Commitment Beyond Criminal Punishment Community Notification Laws Are Some Types of Offenders Overpenalized? Recidivism and Sentencing Effectiveness Some Constitutional Issues Sentencing Appeals and the Appeals Process Summary References Chapter 3: Worldwide Perspective Introduction How to Other Countries Sentence Their Offenders? Sentencing Schemes and Practices in Other Countries Australia Canada Costa Rica Great Britain France Ghana Japan Netherlands Norway Russia South Africa South Korea Sweden Thailand References Chapter 4: Chronology Introduction Summary References Chapter 5: Biographical Sketches John Augustus F. Lee Bailey Zebulon Brockway Warren E. Burger Johnnie L. Cochran Edward Coke, Sir Walter Crofton, Sir Alan Dershowitz Elizabeth Gurney Fry Peter Greenwood Hammurabi John Howard Henry C. Lee Alexander Maconochie William Penn John Roberts Barry Scheck William Howard Taft Peter Oxenbridge Thatcher Earl Warren Chapter 6: Facts, Data, and Leading U.S. Supreme Court Cases Introduction Sentenced U.S. Inmates in Prisons and Jails Offenders on Probation in the United States Offenders on Parole in the United States Offender Profiles: Race/Ethnicity, Gender, Prior Record Average Sentence Lengths for Various Offenses State and Federal Sentencing Types and Patterns Sentencing Trends Leading U.S. Supreme Court Cases Pertaining to Sentencing Schemes and Other Related Factors Ake v. Oklahoma Blakely v. Washington Brown v. Sanders Custis v.United States Deal v. United States Deck v. Missouri Harmelin v. Michigan Harris v. United States Jones v. United States Koon v. United States McMillan v. Pennsylvania Melendez v. United States Muscarello v. United States O'Dell v. Netherland Penry v. Johnson Powell v. United States (See Koon v. United States) Shepard v. United States Simpson v. United States Smith v. United States United States v. Dunnigan United States v. Gonzales United States v. Granderson United States v. Johnson Wisconsin v. Mitchell The U.S. Sentencing Guidelines Braxton v. United States Buford v. United States Melendez v. United States Mistretta v. United States Stinson v. United States United States v. Booker United States v. Ruiz Sex Offender Laws Seling v. Young Stogner v. California Sexual Predators Kansas v. Crane Kansas v. Hendricks Reconvictions and Resentencing Arizona v. Rumsey Bullington v. Missouri North Carolina v. Pearce Acceptance of Responsibility Braxton v. United States Aggravating and Mitigating Circumstances Arrave v. Creech Beard v. Banks Blystone v. Pennsylvania Lankford v. Idaho Maynard v. Cartwright Sumner v. Schuman Tennard v. Dretke Summary Chapter 7: Directory of Organizations, Associations, and Agencies Introduction Prosecution and Governmental Agencies Defense and Defense Organizations Public Defender Organizations American Bar Association Public and Private Organizations United Nations Amnesty International American Civil Liberties Union Other Organizations Summary Chapter 8: Resources Introduction Annotated Print Resources Annotated Nonprint Resources Summary Glossary Index About the Author
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