Just Sentencing: Principles and Procedures for a Workable System

Hardcover | December 31, 2012

byRichard S. Frase

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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 andintuitions 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to guide and evaluate recent or proposed sentencing changes, and most of the major books on sentencing theory are outdated.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 newsentencing 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 sentencingreform 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 alsopromotes 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 versionsproposed 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 partof 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.

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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 andintuitions of justice are both deeply-rooted...

Richard S. Frase is the Benjamin N. Berger Professor of Criminal Law at the University of Minnesota.

other books by Richard S. Frase

Format:HardcoverDimensions:304 pages, 9.25 × 6.12 × 0.98 inPublished:December 31, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199757860

ISBN - 13:9780199757862

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Table of Contents

IntroductionA. Sentencing at the Crossroads: Recent Major Changes in Goals, Procedures, Law, and PracticeB. The Need for a Model that Accommodates All Major Sentencing Purposes and LimitationsC. The Current Limiting Retributive ModelD. Other Hybrid Punishment TheoriesE. The Expanded Limiting-Retributive, State-Guidelines Model ["the Expanded Model"]F. Organization of Chapters1. The Expanded Limiting-Retributive, State-Guidelines ModelA. The Expanded Model's Sentencing PrinciplesB. The Expanded Model's Sentencing ProceduresC. Conclusion2. Limiting Retributivism and Other Hybrid TheoriesA. Norval Morris's Hybrid ModelB. Hybrid Theories Proposed by Other WritersC. Conclusion3. Elements of the Expanded Model in Minnesota, Other Sentencing Systems, and Model CodesA. Minnesota's Guidelines-based Limiting Retributive SystemB. Other Well-developed State Guidelines SystemsC. Features of the Expanded Model in Other Guidelines SystemsD. Limiting Retributive and other Expanded Model Elements in Non-Guidelines SystemsE. Features of the Expanded Model in Recommended Sentencing Standards and CodesF. Conclusion4. The Problem of Enhancements for Prior or Multiple Current ConvictionsA. Prior-record EnhancementsB. Sentencing of Multiple Current OffensesC. Conclusion5. The Problem of Disproportionate Racial ImpactA. Extent and Causes of Disproportionate Minority ConfinementB. How Crime and Criminal Justice Cause More Crime, and Perpetuate Social DisadvantageC. What to Do?D. ConclusionConclusionReferencesTable of CasesIndex