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Strafzumessung = Sentencing

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ISBN: 9783863954611 Year: DOI: 10.17875/gup2020-1330 Language: German
Publisher: Universitätsverlag Göttingen
Subject: Law
Added to DOAB on : 2020-09-17 00:04:17
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In September 2018 the criminal law section of the 72nd Deutscher Juristentag (DJT, “German Assembly of Jurists”) debated the question “Sentencing Guidelines vs. Free Judicial Discretion – Is German Sentencing Law in Need of Reform?” Despite the expert opinion provided by Johannes Kaspar and the accompanying scholarly commentaries, ensuing proposals for fundamental reform met with rejection. The comparative perspective was limited to the US Federal sentencing guidelines. The intention of this volume is therefore, on the one hand, to draw a more nuanced picture of Anglo-American sentencing law focusing on three legal systems (England/Wales, USA and Canada) accompanied by commentaries from a German perspective; on the other hand, we want to make the German perspective (better) known within the Anglo-American legal world by reproducing important DJT documents in English language. To ensure the widest possible distribution we opted for a bilingual open access publication.

Ethnicity, Race and Inequality in the UK

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ISBN: 9781447351269 9781447351252 9781447336327 Year: Pages: 316 Language: English
Publisher: Policy Press
Subject: Gender Studies
Added to DOAB on : 2020-03-28 11:21:05
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Available Open Access under CC-BY-NC licence. 50 years after the establishment of the Runnymede Trust and the Race Relations Act of 1968 which sought to end discrimination in public life, this accessible book provides commentary by some of the UK’s foremost scholars of race and ethnicity on data relating to a wide range of sectors of society, including employment, health, education, criminal justice, housing and representation in the arts and media.

Die Praxis der bedingten Entlassung aus dem Strafvollzug

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Book Series: sui generis ISBN: 9783941159365 Year: Pages: 456 DOI: 10.24921/2019.94115937 Language: German
Publisher: Carl Grossmann Verlag
Subject: Law
Added to DOAB on : 2020-02-12 11:21:04
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The decision on conditional release from prison (Art. 86 – 89 SCC) is one of the most important decisions in the Swiss criminal justice system. At stake are both the freedom of the convicted person, who is to be given a chance of reintegration by the conditional release, and the security of the general public, which must be protected against the commission of further criminal offences. Despite its significance for convicted persons and the society as a whole, the practice of conditional release is scarcely discussed in Swiss literature: What is the procedure for conditional release? How do the opinions of the parties involved in the procedure influence its outcome? How do the persons responsible for conditional release exercise the discretion left to them by the law? The clarification of these issues seems all the more important given that in recent decades the number of conditional release decisions has decreased and there are considerable cantonal differences. The focus of the dissertation is on the process of decision-making by the responsible authorities in Switzerland, in particular the implementation of the right to be heard, as well as the criteria which influence the decision on the conditional release of offenders. The research is based on a representative sample of 943 criminal files from the cantons of Berne, Fribourg, Lucerne and Vaud, which are evaluated using statistical methods (logistic regression). The results of the investigation show that the responsible authorities select only a few aspects from a large number of case characteristics that largely determine their decision-making process. The decision is strongly influenced by the residency status of the convicted person, his criminal record and the opinion of the prison authorities. The legal prognosis is therefore primarily based on static factors from the past, whereas dynamic factors which the convicted person or the involved actors could influence are more secondary. In addition, it emerges that the temporal and cantonal differences in the release rates do not relate to a differing prison population, as it most often assumed, but to a different way of implementing the law and appreciating the profile of prisoners – following a more restrictive or liberal understanding and practice of the release decision – depending on time and canton. The study shows as well that there is no uniform practice for the procedure: the use of risk assessment tools, the opinions of the prison management or the organisation of the right to be heard are extremely disparate and therefore the right of the sentenced person to an equal and fair trial is not guaranteed to the same extent everywhere. The work concludes with a legal classification of the findings as well as with criminal policy considerations and proposals for a more precise reformulation of Art. 86 SCC. These should contribute to a more harmonious and broader application across cantonal borders and therefore strengthen conditional release as an efficient instrument of crime prevention.

Cultural Expertise: An Emergent Concept and Evolving Practices

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ISBN: 9783039280506 9783039280513 Year: Pages: 94 DOI: 10.3390/books978-3-03928-051-3 Language: English
Publisher: MDPI - Multidisciplinary Digital Publishing Institute
Subject: Law
Added to DOAB on : 2020-01-30 16:39:46
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Cultural expertise in the form of expert opinions formulated by social scientists appointed as experts in the legal process is not different from any other kind of expertise in court. In specialised fields of law, such as native land titles in America and in Australia, the appointment of social scientists as experts in court is a consolidated practice. This Special Issue focuses on the contemporary evolution and variation of cultural expertise as an emergent concept providing a conceptual umbrella for a variety of evolving practices, which all include use of the specialised knowledge of social sciences for the resolution of conflicts. It surveys the application of cultural expertise in the legal process with an unprecedented span of fields ranging from criminology and ethnopsychiatry to the recognition of the rights of autochthone minorities including linguistic expertise, and modern reformulation of cultural rights. In this Special Issue, the emphasis is on the development and change of culture-related expert witnessing over recent times, culture-related adjudication, and resolution of disputes, criminal litigation, and other kinds of court and out-of-court procedures. This Special Issue offers descriptions of judicial practices involving experts in local laws and customs and surveys of the most frequent fields of expert witnessing that are related with culture; interrogates who the experts are, their links with local communities, and also with the courts and the state power and politics; how cultural expert witnessing has been received by judges; how cultural expertise has developed across the sister disciplines of history and psychiatry; and eventually, it asks whether academic truth and legal truth are commensurable across time and space.

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