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941.
Why Should Remorse be a Mitigating Factor in Sentencing? 总被引:1,自引:1,他引:0
Steven Keith Tudor 《Criminal Law and Philosophy》2008,2(3):241-257
This article critically examines the rationales for the well-settled principle in sentencing law that an offender’s remorse
is to be treated as a mitigating factor. Four basic types of rationale are examined: remorse makes punishment redundant; offering
mitigation can induce remorse; remorse should be rewarded with mitigation; and remorse should be recognised by mitigation.
The first three rationales each suffer from certain weaknesses or limitations, and are argued to be not as persuasive as the
fourth. The article then considers, and rejects, two arguments against remorse as a mitigating factor in sentencing: that
the crime, not the offender, is the focus of punishment; and that the truly remorseful offender would not ask for mitigation.
The article concludes with a brief consideration of whether a lack of remorse should be an aggravating factor.
相似文献
Steven Keith TudorEmail: |
942.
Dominque Holland Jane L. Ireland Steven Muncer 《International journal of law and psychiatry》2009,32(2):84-91
The current study explores bullying behaviours among adult male prisoners, examining its relationship with aggression attribution and impulsivity. Employed are two separate methods of analysis to determine how this may influence results. Participants were 102 prisoners. All completed a revised version of the Direct and Indirect Prisoner behaviour Checklist (DIPC-R), the Barratt Impulsivity Scale: Version II (BIS-12) and the Expressive Aggression Scale (EXPAGG). Analysis included categorical analysis with prisoners placed into one of four groups (pure bully, pure victim, bully/victim and not-involved), and factorial analysis where perpetration and victimisation were assessed as continuous variables and evidence of interactions explored. It was predicted that perpetration would be associated with higher instrumental attributions and higher impulsivity than non-perpetration. It was predicted that a factorial analysis would demonstrate no interactions between perpetration and victimisation across aggression variables, questioning the utility of a distinct ‘bully–victim’ group. Bullies were found to have higher instrumental attribution scores than non-bullies, with no differences for expressive attribution. Victims were more impulsive than non-victims with evidence that perpetration moderated this relationship. A categorical analysis demonstrated that bully/victims were more impulsive, at least in relation to pure bullies. Results suggested that it was the combined effect of indirect and direct aggression which promoted differences between victims and bullies in relation to attribution and impulsivity. Results are discussed with reference to previous research concerning prison bullying, with directions for future research focused on exploration of perpetrator–victim mutuality using a range of variables and distinct methods of analysis. 相似文献
943.
Steven N. Zane 《Justice Quarterly》2017,34(3):542-569
In recent decades, the number of juvenile defendants transferred to criminal court has increased dramatically, in large measure due to an expansion of available transfer mechanisms. While transfer traditionally occurred by judicial waiver of jurisdiction, alternatives have emerged and eclipsed judicial waiver as the primary route to adult court. The present study examines whether the mechanism of waiver—judicial, prosecutorial, or legislative—affects sentencing outcomes for juvenile defendants transferred to adult court. Results from multilevel models that control for state-level variation indicate that sentencing outcomes are inextricably tied to method of transfer. Most notably, non-criminal outcomes are most likely for cases that arrive in criminal court by legislative waiver. This suggests that legislative waiver is an ineffective means of sending juvenile offenders to criminal court, and provides some empirical support for the notion that judicial waiver is the most appropriate method of transfer. 相似文献
944.
945.
This article reports the results of a major survey that was distributed to the members of the International Personnel Management Association and the Section on Personnel and Labor Relations of the American Society for Public Administration. The intent of the survey was twofold: to gauge the respondents' perspectives on the relative importance of various personnel techniques, activities, and values, and to assess their projections concerning the changes that will occur during the next decade. In addition to providing an interesting snapshot of the perceived state of modernization within public-sector human resource management, the results reflect a considerable degree of agreement concerning the expected direction of further changes. Themes arising from the reinvention movement, as well as the technological revolution, dominate the response patterns. The implications of these perceived alterations in the field of human resource management are discussed, and potential problem areas are identified. 相似文献
946.
Steven J. Main 《欧亚研究》2018,70(10):1717-1718
947.
Steven Klein 《American journal of political science》2017,61(4):852-863
Prominent republican theorists invoke anonymous orders such as the market as mechanisms that secure freedom as non‐domination. Drawing on Karl Polanyi's account of fictitious commodities and demonstration of the impossibility of a just and rational market society, this article critically scrutinizes neo‐republican assumptions regarding the market, develops an alternate social theory within which to situate the ideal of non‐domination, and illustrates the importance of this reconfiguration for the kind of collective agents and political strategies that can be expected to advance republican freedom in the economy. 相似文献
948.
949.
The Airports Commission,the Dilemmas of Political Leadership and the Third Runway at Heathrow Airport
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This article assesses the character, role and outcomes of the Airports Commission. Analysing its workings from September 2012, it evaluates the final recommendations and then charts their subsequent public reception. The article claims that the Airports Commission's endeavours to depoliticise aviation by using ‘reasonable’ methods and impartial judgements—often embodied in Howard Davies himself—have been met with local resistance and political opposition, focussed on the proposal to expand either Heathrow or Gatwick. It exposes how the recourse to expert commissions offers only temporary respite for government responsibility and accountability in the making of hard decisions. It concludes that the inability to secure a binding and acceptable agreement does not just reside at the door of the Airports Commission, but rests also on the failures of political leadership and the ‘missed opportunity’ to articulate a sustainable vision for aviation after the 2010 moratorium on airport expansion in the south‐east of England. 相似文献
950.
The Paris Agreement of 2015 marks a formal shift in global climate change governance from an international legal regime that distributes state commitments to solve a collective action problem to a catalytic mechanism to promote and facilitate transformative pathways to decarbonization. It does so through a system of nationally determined contributions, monitoring and ratcheting up of commitments, and recognition that the practice of climate governance already involved an array of actors and institutions at multiple scales. In this article, we develop a framework that focuses on the politics of decarbonization to explore policy pathways and mechanisms that can disrupt carbon lock-in through these diverse, decentralized responses. It identifies political mechanisms—normalization, capacity building, and coalition building—that contribute to the scaling and entrenchment of discrete decarbonization initiatives within or across jurisdictions, markets, and practices. The role for subnational (municipal, state/provincial) climate governance experiments in this new context is especially profound. Drawing on such cases, we illustrate the framework, demonstrate its utility, and show how its political analysis can provide insight into the relationship between climate governance experiments and the formal global response as well as the broader challenge of decarbonization. 相似文献