Just Sentencing
Principles and Procedures for a Workable System
Published on 17. January 2013
Book
Hardback
304 pages
978-0-19-975786-2 (ISBN)
Description
What are the most important purposes of punishment, in general and in particular cases? What makes just sentencing? These eternal questions are very difficult to answer because traditional as well as emerging sentencing purposes often conflict. Retributive and non-retributive institutions and intuitions of justice are both deeply-rooted and each equally hard to ignore. There is no generally accepted or well-elaborated theory to guide and evaluate recent or proposed sentencing changes, and most of the major books on sentencing theory are outdated. There is a compelling need for a new sentencing model.
In Just Sentencing, Richard Frase describes and defends a hybrid sentencing model that integrates theory and practice--blending and balancing both the competing principles of retribution and rehabilitation and the procedural concern of weighing rules against discretion. Frase lays out a sentencing reform model based on the theory of limiting retributivism. The theory accommodates retributive values--especially the human-rights-based need to limit maximum sanction severity--along with crime-control goals such as deterrence, incapacitation, rehabilitation, and moral education. It also promotes efficiency and provides sufficient flexibility to incorporate victim and community participation, local values and resource limitations, and restorative justice programs. Frase presents his significantly expanded version of the limiting retributive model and distinguishes it from versions proposed by others. Next, he demonstrates the practical feasibility and widespread support for this approach by showing how it has been successfully implemented in Minnesota, while also identifying the less developed limiting retributive elements found in almost all Western countries. The final part of the book identifies and attempts to resolve the model's most important theoretical and practical challenges, and suggest further improvements.
Just Sentencing is the first book in over forty years to present a fully developed punishment theory which incorporates both utilitarian and retributive sentencing purposes.
In Just Sentencing, Richard Frase describes and defends a hybrid sentencing model that integrates theory and practice--blending and balancing both the competing principles of retribution and rehabilitation and the procedural concern of weighing rules against discretion. Frase lays out a sentencing reform model based on the theory of limiting retributivism. The theory accommodates retributive values--especially the human-rights-based need to limit maximum sanction severity--along with crime-control goals such as deterrence, incapacitation, rehabilitation, and moral education. It also promotes efficiency and provides sufficient flexibility to incorporate victim and community participation, local values and resource limitations, and restorative justice programs. Frase presents his significantly expanded version of the limiting retributive model and distinguishes it from versions proposed by others. Next, he demonstrates the practical feasibility and widespread support for this approach by showing how it has been successfully implemented in Minnesota, while also identifying the less developed limiting retributive elements found in almost all Western countries. The final part of the book identifies and attempts to resolve the model's most important theoretical and practical challenges, and suggest further improvements.
Just Sentencing is the first book in over forty years to present a fully developed punishment theory which incorporates both utilitarian and retributive sentencing purposes.
Reviews / Votes
"Richard Frase's trailblazing Just Sentencing is the most ambitious and successful book yet written on sentencing reform in America. It authoritatively blends bodies of knowledge and experience - on normative theories of punishment, the effects of sentencing changes since 1975, and the operations of criminal courts - that are usually kept apart . If American policy makers want to create systems of sentencing that are better, fairer, and more just, Frase hasshown them the way." --Michael Tonry, Professor in Law and Public Policy, University of Minnesota, and Senior Fellow, Netherlands Institute for the Study of Crime and Law Enforcement
"What would a sensible sentencing structure look like in the second decade of the 21st century? How does one even think about such a question? How should one evaluate whether one has achieved all that can be achieved in structuring sentencing decisions? This book boldly addresses these and other questions, proposing a sentencing model that takes into account both what is known about sentencing, crime, and the criminal justice system while simultaneously
considering what is likely to be acceptable to various groups. Whether or not one agrees with Richard Frase's conclusions to each of the difficult questions he addresses is, perhaps, less important than the
incontrovertible fact that each of the areas he examines involves questions that cannot be avoided. This is a 'must read' book for anyone contemplating designing a rational and defensible structure for sentencing." --Anthony Doob, Professor of Criminology, University of Toronto
"Richard Frase has for decades contributed immensely to the theory and practice of sentencing reform. Just Sentencing is his crowning achievement. The ambition of this project is enormous: Frase sets out to develop an intellectually cogent theory of criminal punishment and a set of procedures and rules for implementing that theory. What is truly remarkable is that he has been successful. Frase's proposals are theoretically, politically, and
practically justified. Every jurisdiction seeking to balance public safety, public resources, respect for offenders and victims, and the social and other costs of mass incarceration should consider Frase's analysis and
proposals." --Kate Stith, Lafayette S. Foster Professor of Law, Yale Law School
"...This ambitious and complex model proposes a uniform approach to sentencing that would ameliorate the problems endemic to the current penal system... [Frase's] review of past theories and overview of existing models should prove useful to academics... Recommended." --CHOICE
More details
Series
Language
English
Place of publication
New York
United States
Target group
College/higher education
Product notice
sewn/stitched
Cloth over boards
With dust jacket
Illustrations
6 b/w line
Dimensions
Height: 236 mm
Width: 157 mm
Thickness: 28 mm
Weight
522 gr
ISBN-13
978-0-19-975786-2 (9780199757862)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
E-Book
11/2012
1st Edition
OUP eBook
€44.99
Available for download
Person
Richard S. Frase is the Benjamin N. Berger Professor of Criminal Law at the University of Minnesota.
Content
Introduction ; A. Sentencing at the Crossroads: Recent Major Changes in Goals, Procedures, Law, and Practice ; B. The Need for a Model that Accommodates All Major Sentencing Purposes and Limitations ; C. The Current Limiting Retributive Model ; D. Other Hybrid Punishment Theories ; E. The Expanded Limiting-Retributive, State-Guidelines Model [<"the Expanded Model>"] ; F. Organization of Chapters ; Chapter 1 ; The Expanded Limiting-Retributive, State-Guidelines Model ; A. The Expanded Model's Sentencing Principles ; B. The Expanded Model's Sentencing Procedures ; C. Conclusion ; Chapter 2 ; Limiting Retributivism and Other Hybrid Theories ; A. Norval Morris's Hybrid Model ; B. Hybrid Theories Proposed by Other Writers ; C. Conclusion ; Chapter 3 ; Elements of the Expanded Model in Minnesota, Other Sentencing Systems, and Model Codes ; A. Minnesota's Guidelines-based Limiting Retributive System ; B. Other Well-developed State Guidelines Systems ; C. Features of the Expanded Model in Other Guidelines Systems ; D. Limiting Retributive and other Expanded Model Elements in Non-Guidelines Systems ; E. Features of the Expanded Model in Recommended Sentencing Standards and Codes ; F. Conclusion ; Chapter 4 ; The Problem of Enhancements for Prior or Multiple Current Convictions ; A. Prior-record Enhancements ; B. Sentencing of Multiple Current Offenses ; C. Conclusion ; Chapter 5 ; The Problem of Disproportionate Racial Impact ; A. Extent and Causes of Disproportionate Minority Confinement ; B. How Crime and Criminal Justice Cause More Crime, and Perpetuate Social Disadvantage ; C. What to Do? ; D. Conclusion ; Conclusion ; References ; Table of Cases ; Index