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• Title:Sentencing and human rights : the limits on punishment / Sarah J Summers.
  
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• Author/Creator:Summers, Sarah J., author.
  
• Published/Created:Oxford, United Kingdom : Oxford University Press, 2022.
  

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  • Location:LAW LIBRARY (level 3)Where is this?
    
  • Call Number: K5508 .S86 2022
    
  • Number of Items:1
    
  • Status:Available
    

   
• Library of Congress Subjects:Sentences (Criminal procedure)
  Human rights.
  
• Edition:First Edition.
  
• Description:xxiii, 279 pages ; 24 cm
  
• Notes:Includes bibliographical references (pages 253-266) and index.
  
• ISBN:0192870386 hardback
  9780192870384 hardback
  
• Contents:Machine generated contents note: 1. Sentencing and Human Rights
  I. Sentencing Theory and the Principles of Punishment
  II. Criminal Law and Human Rights Restraints
  III. Importance of Expressing Sentencing Values as Human Rights
  IV. Human Rights as Limits on Punishment
  V. Human Rights and the Justification of Punishment
  2. Legality and the Sentence
  I. Legality and Punishment
  II. Legality and Theories of the Attribution of Criminal Liability
  III. Legality as a Human Right: Article 7(1) ECHR
  A. "No Punishment without Law"
  B. Imposition of `Guilt' for `Acts or Omissions' Set Out in Criminal Law
  1. Definition of Criminal Offences and the Prohibition on Retrospectivity
  2. Guilt, Culpability, and the Attribution of Liability
  C. Prohibition on the Imposition of a Heavier "Penalty" than that Set Out in Law
  1. Defining `Penalties'
  a. Autonomous Notion of Penalty
  b. Treatment Orders
  c. Distinguishing between Preventative and Punitive Measures
  d. Imposition and Enforcement of Penalties
  e. Penalties and Punishment
  2. Non-Retrospectivity, Certainty, and Foreseeability of the Penalty
  a. Legal Basis for the Penalty and the Prohibition on the Retrospective Imposition of a Heavier Penalty
  b. Foreseeability of the Penalty
  c. Importance of Setting a Maximum Sentence
  d. Conclusions
  3. Punishment as a Response to the Commission of a Criminal Offence
  IV. Legality and Sentencing Practice
  A. Previous Convictions
  1. Previous Convictions as an Aggravating Factor in Practice
  2. Justifying the Resort to Previous Convictions in Criminal Law Theory
  3. Previous Convictions and Legality
  B. Confessions and Guilty Pleas
  1. Confessions, Guilty Pleas, and the Role of Remorse
  2. Aggravated Sentences for a Failure to Express Remorse, Confess, or Plead Guilty in Practice
  3. Refusal to Mitigate the Sentence Despite the Existence of a Confession, Guilty Plea, or Expression of Remorse
  4. Justifications for the Importance of Remorse in Sentencing Theory
  5. Confessions, Guilty Pleas, and Legality
  C. Diminished Culpability
  1. Legality, Culpability, and Blameworthiness
  2. Diminished Culpability in Sentencing Practice
  3. Diminished Culpability and Legality
  V. Conclusions: What Role for Legality at the Sentencing Stage?
  3. Proportionality
  I. Proportionality: Rationale and Restraint
  II. Proportionality at Sentencing and the European Convention on Human Rights
  A. Introduction
  B. Proportionality and the Prohibition on Inhuman and Degrading Punishment in Article 3 ECHR
  1. Introduction
  2. Sentences which are Incompatible with Article 3 ECHR
  a. Judicial Corporal Punishment
  b. Death Penalty
  c. `Irreducible' Life Sentences (Life Sentences without the Possibility of Release)
  3. Gross Disproportionality between the Sentence and the Offence
  a. Life Sentences and Indeterminate Sentences of Imprisonment
  b. Mandatory Sentences
  4. Scope of the Review of Proportionate Punishment in Article 3 ECHR
  C. Proportionality and the Right to Liberty and Security of Person in Article 5 ECHR
  1. Proportionality between a Sentence of Imprisonment and the Offence
  2. Rational Connection between the Reasons for the Imposition of the Sentence and the Continued Detention (`after conviction by a competent court')
  3. Limited Scope of Review in Article 5(1)(a) ECHR
  D. Proportionality and Articles 8, 10, and 11 ECHR
  1. Introduction
  2. Private Life and Proportionality
  3. Freedom of Expression and Proportionality
  a. Proportionality of Sentences of Imprisonment
  b. Proportionality of Fines and Financial Penalties
  c. Costs, Damages, and Ancillary Orders
  4. Freedom of Assembly and Proportionality
  5. Conclusion
  E. Proportionality and the Protection of Property in Article 1 of Protocol 1 ECHR
  III. Human Rights and Disproportionate Punishment
  4. Equality and Non-Discrimination
  I. Equality, Certainty, and Justice
  II. Equality, Non-Discrimination, and Article 14 ECHR
  A. Scope of the Protection in Article 14 ECHR
  1. Autonomous' Character of Article 14 ECHR
  2. Discriminatory v Disparate Treatment
  3. Non-Discrimination as the Equal Application of Rights
  B. Discriminatory Sentences: Sex, Gender, and Racial Discrimination
  1. Discriminatory Sentences and Article 6(1) ECHR
  2. Discriminatory Sentences and Article 3 ECHR
  3. Discriminatory Sentences and Articles 5(1) and 7(1) ECHR
  C. Conclusion: Equality and Justice
  III. Equality and Certainty in Sentencing Practice
  A. `Disparity' as Discrimination?
  1. Disparity in Individual Cases
  2. Disparity between Groups of Offenders
  B. Sentencing Guidelines and Frameworks
  C. Criminal Deportation Orders
  1. Deportation Orders as Criminal Penalties?
  2. Deportation Orders as Discrimination on the Grounds of Nationality
  IV. Equality, Non-Discrimination, and Sentencing Disparity
  5. Judicial Imposition of Punishment
  I. Imposition of Punishment as a Judicial Exercise
  II. Procedural Fairness and the Judicial Role at Sentencing
  A. Sentencing Decision as Part of the Determination of a Criminal Charge
  B. Independent and Impartial Tribunal
  C. Subsequent Judicial Control of a Sentence
  1. Sentences Imposed by an Administrative Authority
  2. Waiver of the Right to a Review of by a Court of a Sentence Imposed by an Administrative Authority
  D. Judicial Regulation of Plea-Bargaining Proceedings
  III. Legality and the Judicial Imposition of Punishment
  IV. Lawful Detention after Conviction by a Competent Court
  V. Sentencing Practices which Interfere with the Right to Judicial Determination of the Sentence
  A. Summary Judgments and Penalty Orders
  B. Mandatory Sentences
  C. Indeterminate Sentences
  VI. Role of the Judge and Human Rights at Sentencing
  6. Justification of Punishment and Human Rights
  I. Introduction: Sentencing Theory and Human Rights
  II. Justifying Punishment: Punishment and its Purpose(s)
  III. Definition and the Justification of Punishment
  IV. Conceptualizing State Punishment
  A. Definition of a Criminal Offence and Article 6 ECHR
  B. Definition of Penalty and Article 7(1) ECHR
  C. Definition and Justification of State Punishment
  1. Lawful and Unlawful Punishment
  2. Punishment as a Practice
  V. Human Rights as Limits
  VI. Revisiting Punishment Theory
  VII. Justification of State Punishment and Human Rights.