Download PDF by Andrew von Hirsch: Censure and Sanctions (Oxford Monographs on Criminal Law and

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By Andrew von Hirsch

ISBN-10: 0198262418

ISBN-13: 9780198262411

ISBN-10: 0585162263

ISBN-13: 9780585162263

Andrew von Hirsch addresses a few rising conceptual questions in regards to the proportionality of legal sentences, an method that's gaining impact all over the world together with in England the place the legal Justice Act of 1991 made proportionality the first criterion for settling on sentences. This examine offers with how the assumption of penal censure justifies proportionate sentences, how a penalty scale might be "anchored" on the way to decrease total punishment degrees, how non-custodial consequences can be graded and used, and the way political pressures impinge on sentencing rules. It deals a coherent and humane means of allocating punishments, applicable for a society that treats convicted offenders as electorate whose rights and offerings may still remain revered.

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Additional info for Censure and Sanctions (Oxford Monographs on Criminal Law and Justice)

Sample text

The Home Secretary must consider any recommendations made by the Board before making any police regulations in respect of matters considered by the Board (section 62). Police Advisory Board (section 63) This Board is intended to advise the Home Secretary on general questions relating to police matters. The constitution and proceedings are decided by the Home Secretary after consulting representatives of police authorities and members of police forces. The Board should be shown drafts of any proposed police regulations, and the Home Secretary must take into consideration any representations made by the Board.

In 1953 the Council of Europe (note that this Council has no connection with the European Union or Common Market) formulated the Convention for the Protection of Human Rights and Fundamental Freedoms to provide a legal framework in this area. All the Member States of the Council agreed to accept the jurisdiction of the European Court of Human Rights that is located at Strasbourg. Many of the rights defined in the Convention do not directly concern the police, but the main ones are: Article Article Article Article Article Article Article Article 2: The right to life shall be protected by law.

Later in the same year, the Statute of Westminster (the second) 1285 was enacted. This statute re-organised the judiciary to ensure that the King controlled the courts thus guaranteeing that the King’s peace would be enforceable throughout England to a common standard. Over five centuries were to elapse before the next major statute affecting national policing followed – this was the Police Act 1829. The prerogative power to maintain the peace still rests with the crown, although it is not exercised personally by the sovereign.

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Censure and Sanctions (Oxford Monographs on Criminal Law and Justice) by Andrew von Hirsch

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