Justifying Punishment

Perspectives from Post-Communist Europe

Jakub Drápal

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Hardback

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English

Routledge
23 December 2024

Crime & criminology; Jurisprudence & philosophy of law; Comparative law; Criminology: legal aspects; Sentencing & punishment

Series: Routledge Contemporary Issues in Criminal Justice and Procedure

This book develops principles of proper sentence justification, presents results of comparative empirical study on sentence justifications in the post-communist countries and provides practical measures to improve the current situation. Providing justification for sentences is an essential feature of any sentencing system that strives to achieve principled practice. Principled sentencing requires factors to be considered as well as explained both individually and comprehensively, in a manner that allows the process of determining the sentence to be reviewed and repeated with a similar result. This work determines why reasoning is relevant and provides compelling evidence in favour of an increased role for justification of sentences, grounded in the best sentencing, legal and psychological scholarship. It further explores how various theoretical and practical obstacles might be overcome. Relatedly, it introduces and expands on Schuyt’s novel concept of justifying sentences, which approaches sentence justification in three stages. The authors investigate to what extent these stages are followed in practice in the Czech Republic, Estonia, Moldavia, Slovakia and Slovenia. The results suggest that the quality of sentence justification in these countries is generally low, although there is some variation. The book concludes with suggestions for improving the process and quality of sentence justification. The work will be of interest to those working in the areas of Criminal Law, Criminology, Comparative Law and Legal Philosophy.

Edited by: Jakub Drápal
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 216mm, Width: 138mm,
Weight: 420g
ISBN: 9781032722641
ISBN 10: 1032722649
Series: Routledge Contemporary Issues in Criminal Justice and Procedure
Pages: 124
Publication Date: 23 December 2024
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Hardback
Publisher's Status: Active

Jakub Drápal is a researcher at the Institute of State and Law of the Czech Academy of Sciences, Czechia; an assistant professor at the Faculty of Law, Charles University, Czechia; and a MSCA-CZ fellow at Leiden University, the Netherlands.

Reviews for Justifying Punishment: Perspectives from Post-Communist Europe

"""In addition to offering much-needed insight into sentencing policy and practice in Post-Communist Europe, this volume makes an important contribution to promoting better sentence justification. The chapters will be of interest to scholars and practitioners around the world."" Professor Julian V. Roberts, K.C. (Hon.), Oxford University ""This book provides the most valuable contribution to the discussion of judicial justifications of sentences in terms of the diagnosis of its nature, and proposals regarding proper approach to solving it."" Professor Krzysztof Krajewski, Jagiellonian University in Kraków"