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.
2023
K5103 .L45 2023 (Mapit)
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Title
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.
Added Author
Added Corporate Author
Imprint
The Hague, the Netherlands : Eleven, [2023]
Copyright
©2023
Description
xxiii, 508 pages : color illustrations ; 24 cm.
Series
I.P.P.F. publications ; no. 49.
Formatted Contents Note
Legality of sentencing and the need for a catalogue of principles / Piet Hein van Kempen, Maartje Krabbe, José Luis Guzmán Dalbora and Francisco Molina Jerez
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 Haverkamp 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 García Basalo
The principle of legality and the rule of law on criminal penalties in Chile / Francisco Molina Jerez, Jaime Náquira Riveros and José Louis Guzmán Dalbora
Human-rights movement and constitutional principles in Finnish criminal justice / Tapio 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.
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 Haverkamp 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 García Basalo
The principle of legality and the rule of law on criminal penalties in Chile / Francisco Molina Jerez, Jaime Náquira Riveros and José Louis Guzmán Dalbora
Human-rights movement and constitutional principles in Finnish criminal justice / Tapio 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.
Language Note
Essays in English and French.
Bibliography, etc. Note
Includes bibliographical references.
Available in Other Form
Online version: Legality and other requirements for sentencing. The Hague, the Netherlands : Eleven, [2023]
Call Number
K5103 .L45 2023
Language
English
ISBN
9789047301783 (hardcover)
9047301781 (hardcover)
9789400113404 (E-book)
9047301781 (hardcover)
9789400113404 (E-book)
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