Legality and other requirements for sentencing : an international and comparative perspective on non-arbitrary punishment and sentencing discretion = Légalité et autres exigences en matière de condamnation : une perspective internationale et comparative sur les peines non arbitraires et le pouvoir discrétionnaire en matière de condamnation / edited by P.H.P.H.M.C. van Kempen, M.J.M. Krabbe, J.L. Guzman Dalbora, F. Molina Jerez.
Includes bibliographical references. Law Library's copy donated by International Penal and Penitentiary Foundation. IaU-L
Contents:
À propos de la Fondation Internationale Pénale et Pénitentiaire. Stefan Trechsel -- Légalité des peines et nécessité d'un catalogue de principes / Piet Hein van Kempen, Maartje Krabbe, José Luis Guzmán Dalbora and Francisco Molina Jerez -- The right to be protected against disproportionate sentencing : human rights requirements as regards the sentencing process and the enforcement of sentences : the need for a step forward to 'hard law' about sentencing systems / P.A.M. Mevis -- Judicial discretion in sentencing in general : the judiciary's independent position and its responsibility for fairness / Yvette Tinsley -- Judicial discretion within a framework : between determinate and indeterminate sentencing / Rita Havrkamp and Johannes Kaspar -- Administrative discretion in the execution of sentences / Uju Agomoh -- Legality, non-arbitrariness and judicial and administrative discretion in sentencing and enforcement of sentences in the Argentine Republic / Roberto Patricio Ortenzi and Alejo Carcía Basalo -- The principle of legality and the rule of law on criminal penalties in Chile / Frncisco Molina Jerez, Jaime Náquira Riveros and José Louis Guzmán -- Human-rights movement and constitutional principles in Finnish criminal justice / Tapioo Lappi-Seppälä and Ilkka Rautio -- Legality, non-arbitrariness, and judicial and administrative discretion in sentencing and enforcement of sentences in the German system / Rita Haverkamp and Johannes kaspar -- Judicial discretion in sentencing and enforcement of sentences in Greece / Effi Lambropoulou and Olga Tsolka -- Legality, non-arbitrariness and judicial and administrative discretion in sentencing and enforcement of sentences : the case of Ireland / Mary Rogan, Vivian Geiran and Úna ní Raifeartaigh -- Judicial and administrative discretion in sentencing and enforcement of sentences in Italy / Franco Della Casa and Massimo Ruaro -- Judicial and administrative discretion in sentencing and enforcement of sentences in Japan / Takeshi Seto -- The rule of law, judicial and administrative discretion in sentencing and enforcement of sentences in Lithuania / Gintautas Sakalauskas -- Legality, non-arbitrariness and judicial and administrative discretion in sentencing and enforcement of sentences in the Netherlands / P.A.M. Mevis and P.C. Vegter -- The application of the principle of legality to criminal punishments in New Zealand / Yvette Tinsley and Warren Young -- Legality, non-arbitrariness and judicial and administrative discretion in sentencing and the enforcement of sentences in Norway / Asbjørn Strandbakken -- Legality, non-arbitrariness and judicial and administrative discretion in sentencing and enforcement of sentences in Poland / Małgorzata Wąsek-Wiaderek and Adrian Zbiciak -- Legality, non-arbitrariness and judicial and administrative discretion in sentencing and enforcement of sentences in Portugal / Anabela Miranda Rodrigues, Sónia Fidalgo and Celso Manata -- Judicial and administrative discretion in sentencing and enforcement of sentences in the Spanish legal system / José Luis Ramírez Ortiz and José Antonio Rodriguez Sáez -- Judicial and administrative discretion in sentencing and enforcement of sentences in Switzerland / Stefan Trechsel -- The IPPF's future follows from its 150-year-old history -- L'avenir de la FIPP résulte de ses 150 ans d'histoire -- About the International Penal and Penitentiary Foundation -- À propos de la Fondation Internationale Pénale et Pénitentiaire.
Summary:
"All over the world, governments impose punishments on their citizens for transgressions of the criminal law. Consensus exists that this sanctioning should be in accordance with the principle of legality and the rule of law. However, governments around the world struggle with providing foreseeability and non-arbitrariness in their sentencing systems. This continuous struggle raises the question how - and to what extent - foreseeability and non-arbitrariness must be guaranteed. Not only in relation to the type of sentence imposed (quality), but also to its length (quantity) and the circumstances under which the sentence is executed. Worldwide, a variety of sentencing principles (e.g., proportionality, equality, culpability) are employed, not only to promote foreseeable, non-arbitrary sentencing, but also to do justice in the individual case. Although similarities exist, countries differ greatly in the principles they apply and the meaning they ascribe to them. This volume provides insight in the worldwide ideas and practices on legality and other requirements for sentencing. Which requirements should be leading? How do these requirements interrelate? And how should they be defined and implemented? An array of topics and questions is discussed regarding these requirements. Some examples: How should judicial discretion and the principle of legality be balanced? Should the execution of sentences be a matter for the judiciary or the administration? What is the relationship between the principle of legality and the prohibition against discrimination? Can human judges practice consistent sentencing? Should temporary release be a discretionary power or a right? And: How can we increase public confidence in sentencing? The present volume hopes to both provide answers to these questions and to support the reader in developing new thoughts and angles on these topics" -- Page 4 of cover.
Series:
International Penal and Penitentiary Foundation [series] ; 49
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.