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Paul H. Robinson 《Criminal Law Forum》1997,8(3):1-41
Summary and Conclusion The most difficult part of constructing a system of criminal sentencing is to be able to give a rationale for each sentence.
Historically, this has been an unsurmountable hurdle because it required reformers to resolve the irresolvable conflict between
utility and desert as sentencing goals and to measure the immeasurably complex relative utility of the alterative utilitarian
strategies of deterrence, incapacitation, and rehabilitation.
The good news is that we need not try to leap these insurmountable hurdles: the greatest utility is found in a desert distribution
of liability and punishment. By following desert, the criminal law can establish its moral credibility with the public and
thereby harness the real sources of social control—the power of social sanctions and internalized norms. In the context of
criminal sentencing, this means the system must establish a reputation for giving offenders the precise amount of punishment
they deserve.
Despite the utilitarian importance of desert, however, nondesert concerns can govern the selection of the sanctioning method.
As long as the total punitive bite of all aspects of an offender’s sentence is what the offender deserves, judges otherwise
can be left free to construct the sentence they think will best avoid future crime. With a system of punishment units and
punishment equivalencies, a desert-based determination of the amount of punishment can co-exist with a selection of sanctioning
methods looking to nondesert, utilitarian considerations, such as the need for deterrence, incapacitation, and rehabilitation.
This essay is based upon lectures given at the United Nations Asia and Far East Institute (UNAFEI) for the Prevention of Crime
and the Treatment of Offenders in Fuchu, Tokyo, Japan.
B.S., Rensselaer Polytechnic Institute 1970; LL.M., Harvard University 1975; J.D., University of California-Los Angeles 1973;
Dip. Leg. Stud., Cambridge University 1976. 相似文献
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Bertram J. Levine 《Crime, Law and Social Change》1997,28(1):1-25
Legislation to reform campaign funding in the United States must produce a system which reduces the potential for corruption,
real or perceived, and creates greater equality of fund raising opportunity between incumbents and challengers. Bills before
the 104th Congress would require bureaucratic and arbitrary systems of regulation; they would not produce workable reform.
Within the existing full disclosure system,two reforms would be most effective: setting maximum dollar amounts for “soft money”
contributions; and limiting fund raising by lobbyists. An even more effective system would be to “blind” contributions made
to the campaign committees of individual candidates.
This revised version was published online in July 2006 with corrections to the Cover Date. 相似文献
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Conclusion In 1984, after years of study and thorough debate, a bipartisan majority of the Congress enacted perhaps the most far-reaching reform of the federal criminal justice system in the history of the United States. The Sentencing Reform Act and the federal sentencing guidelines are now beginning to produce data indicating that the objectives of avoiding unwarranted disparity and invidious discrimination are being achieved.After an uncertain beginning, the guidelines are gaining acceptance by courts and criminal justice practitioners. As one appellate court observed in admonishing lower courts that the guidelines must be respected:We have embarked on a new course. Only time will tell whether the use of the guidelines will result in an improvement over the old system. But unless we follow the spirit and written directions of the guidelines, we will never know if they have been given a fair test. They at least deserve that.Indeed, the bold new approach to sentencing that is being followed today in federal courthouses throughout the United States deserves an opportunity to succeed, given its many beneficial features and the lofty goals toward which the reforms are directed. While ample work remains for the United States Sentencing Commission to monitor and improve the guidelines, indications at this still early date are that the experiment is succeeding.An earlier version of this paper was presented at the fifth conference of the Society for the Reform of Criminal Law, Parliament House, Edinburgh, Scotland, August 5–9, 1990. The views expressed herein are those of the authors and do not necessarily represent the official position of the United States Sentencing Commission.B.A., Davidson College 1964; J.D., University of South Carolina School of Law 1967.B.A., Ohio State University 1974; M.S., Arizona State University 1980; M.A., University of California, Santa Barbara, 1983.B.S., Clemson University 1971; M.S., Clemson University 1975; J.D., University of South Carolina School of Law 1978. 相似文献
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Individual health insurance markets differ from state to state, and as a result approaches to individual market reforms need to be different. In evaluating approaches, policy makers need to remember that since the decision to purchase health insurance coverage is voluntary, the potential for adverse selection exists. In addition, rather than putting the focus of individual market reforms almost exclusively on access to health insurance for a small number of persons with high-cost health conditions, more attention needs to be put on how to decrease the number of uninsured persons. This includes making the premiums paid for individual health insurance 100 percent tax deductible, similar to those of employer-based health insurance. Finally, market reforms need to treat all types of coverage issued in the individual market the same, whether they are purchased direct for the insurer or through an out-of-state association. 相似文献
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Sophie Stalla-Bourdillon Eleonora Rosati Karmen Turk Christina Angelopoulos Aleksandra Kuczerawy Miquel Peguera Martin Husovec 《Computer Law & Security Report》2017,33(1):3-13
The recently proposed new Copyright Directive was released on 14 September 2016. It has been described by EU law-makers as the pillar of the copyright package promised by the European Commission (EC), to be delivered before the end of Mr. Juncker's mandate. In its Communication of 6 May 2015, the EC had stressed “the importance to enhance cross-border access to copyright-protected content services, facilitate new uses in the fields of research and education, and clarify the role of online services in the distribution of works and other subject-matter.” The proposed Copyright Directive is thus a key measure aiming to address two of these three issues. However it is not without shortfalls.We have therefore decided to publicly express our concerns and send an open letter to the European Commission, the European Parliament and the Council to urge them to re-assess the new provisions dealing with mandatory filtering of user-generated content in the light of the CJEU case law and the Charter of Fundamental Rights of the European Union.In a more extended statement, we examine in details the text of both the explanatory memorandum and the Directive itself.Our conclusions are:1. A comprehensive re-assessment of Article 13 and Recital 39 in the light of the Charter of Fundamental Rights of the European Union and the E-commerce Directive (in particular Article 15) including CJEU case law is needed, as the proposed Copyright Directive does not expressly address the issue of its compatibility with both of these texts.2. Recital 38 does not clarify the domain and effect of Article 13. Rather, it creates confusion as it goes against settled CJEU case law (relating to Articles 14 and 15 of the E-commerce Directive and Article 3 of the Infosoc Directive). Recital 38 should therefore be deleted or substantially re-drafted/re-phrased. If the EU wants to introduce a change in this regard it should clearly justify its choice. In any case, a recital in the preamble to a directive is not an appropriate tool to achieve this effect.We hope that this exercise will prove useful for the debate that has now begun both in the European Parliament and in the Council. 相似文献
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《Journal of criminal justice》2014,42(4):327-337
Little is known, empirically, about fugitives in the U.S. There is no research describing basic facts such as the prevalence of warrants or how features of warrants vary across geography or demographics of fugitives.PurposeTo (A) describe the prevalence of warrants in the U.S., including variation in warrant features across geography as well as demographics of fugitives (age, race, and gender). In addition, the paper (B) models a key feature of warrants (extradition limits) as a function of legal and extra-legal factors.MethodsThis study draws on the Wanted Persons file—the central operational database maintained by the National Criminal Information Center (NCIC) for tracking warrants from all jurisdictions in the United States. Warrant factors are described across demographic groups via bivariate comparisons. Extradition is modeled via a multivariate fixed effects logistic regression framework (i.e., within state comparisons)ResultsThe data show approximately 2 million warrants are active on any given day. Warrant features vary significantly across states (per capita), and fugitive demographics. Extradition varies as a function of legal (e.g., crime seriousness) and extra-legal factors (e.g., race of fugitive).ConclusionsWarrants may provide an important new avenue for scholarship on disparity, criminal carreers, and the administration of justice. 相似文献
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Gary A. Mauser 《Criminal Law Forum》1991,3(1):147-159
A.B., University of California, Berkeley, 1964; Ph.D., University of California, Irvine, 1970. 相似文献
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The author discusses some background matters concerning the US criminal justice systems that may provide useful context for non-US readers, and summarises the main general conclusions about the operation of community penalties from two decades' research. He also briefly summarises research concerning each of the major penalties that have been attempted. Why American jurisdictions have been comparatively unsuccessful at use of community penalties as alternatives to incarceration and whether that lack of receptivity can be changed is discussed in the conclusion. 相似文献
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一、美国的律师制度
美国律师业是一个相对比较古老的行业,已有近200年的发展历史。目前,美国律师现有从业人员将近200多万人,近1000人中就有1名律师。美国律师几乎参与到国家政治、经济、文化和公民社会生活的各个方面。参议员、众议员大多数都是律师出身, 相似文献
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宋玉波 《西南政法大学学报》2001,3(2):80-84
死刑的保留和适用,不但在美国本上引起颇多争议,而且也受到了欧美国家和"世界人权观察”、"大赦国际”等国际组织的密切关注和尖锐的批评.本文将简要介绍美国适用死刑的基本情况及严重违反人权的问题,或许有助于我们认识美国"司法公正”的真相. 相似文献
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Cliff McKnight 《Law and human behavior》1981,5(2-3):141-147
The present paper describes a model of choice behavior based on a combination of personal construct theory and multiattribute utility theory. This model has been applied to the sentencing of offenders by magistrates with a high degree of success. The data collected from magistrates are also used to indicate extent of agreement in sentencing and to illustrate problems associated with verbal measures of construct similarity. Finally, it is suggested that the model has a wide range of application in both legal and nonlegal contexts. 相似文献
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Japanese health policy shows that even with physician ownership and the absence of for-profit, investor-owned health care, physicians' conflicts of interest thrive. Physician dispensing of drugs and ownership of hospitals and clinics were justified in Japan as ways to avoid commercialization of medicine. Instead, they create physicians' conflicts and fuel patient overuse of services. Japan's Ministry of Health and Welfare (MHW) has responded by introducing per-diem payment, thereby creating incentives to decrease services in ways similar to those of American managed care organizations, but with none of their benefits, such as coordination of care, oversight of physicians practices, and quality assurance. Although the United States and Japanese health care systems are organized and financed differently there is convergence in the source of their physicians' conflicts and the way they are addressed. The United States is starting to integrate institutional and physician payment and align their incentives, in a traditional Japanese way. In so doing, the United States creates new physicians' conflicts and reduces the role of countervailing incentives and power, an advantage of previous policy. Japan, in turn, has combined incentives to increase and decrease services, thus moving closer to the U.S. policy. 相似文献
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