This study focuses on the practice of punishment, as it is inflicted by the state. The author's first-hand experience with penal reform, combined with philosophical reflection, has led him to develop a theory of punishment that
identifies the principles of sentencing and corrections on which modern correctional systems should be built. This new theory of punishment is built on the view that the central function of the law is to reduce the need to use force in the
resolution of disputes. Professor Cragg argues that the proper role of sentencing and sentence administration is to sustain public confidence in the capacity of the law to fulfil that function. Sentencing and corrections should therefore be guided by principles of restorative justice. He points out
that, although punishment may be an inevitable concomitant of law enforcement in general and sentencing in particular, inflicting punishment is not a legitimate objective of criminal justice. The strength and appeal of this account is that
it moves well beyond the boundaries of conventional discussions. It examines punishment within the framework of policing and adjudication, analyses the relationship between punishment and sentencing, and provides a basis for evaluating correctional practices and such developments as electronic monitoring.
By:
Wesley Cragg
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions:
Height: 216mm,
Width: 138mm,
Spine: 19mm
Weight: 476g
ISBN: 9780415041492
ISBN 10: 041504149X
Pages: 268
Publication Date: 30 April 1992
Audience:
College/higher education
,
General/trade
,
Professional & Vocational
,
Primary
,
ELT Advanced
Format: Hardback
Publisher's Status: Active
Preface An Introduction 1 PUNISHMENT AS RETRIBUTION 2 THE POINT OF PUNISHMENT: FORWARD-LOOKING ACCOUNTS 3 TWO HYBRID THEORIES Part I: H.L.A. Hart’s compromise solution Part II: Teleological retributivism 4 THE FUNCTION OF LAW AND THE NATURE OF LEGAL OBLIGATION 5 THE ENFORCEMENT OF LAW Part I: The function of enforcement Part II: The practical dimensions of enforcement— policing and Adjudication Part III: Enforcement, reform, and the concept of diversion 6 TOWARDS A THEORY OF SENTENCING: RESPONSIBILITY, GUILT AND THE IDEA OF A CRIMINAL OFFENCE Part I: The nature of the task Part II: The principle of responsibility and the concept of guilt Part III: Weighing the seriousness of offences 7 SENTENCING AND THE IDEA OF RESTORATIVE JUSTICE Part I: Two preliminary sentencing options Part II: Sentencing as conflict resolution Part III: Practical implications 8 TOWARDS A PHILOSOPHY OF PUNISHMENT
Reviews for The Practice of Punishment: Towards a Theory of Restorative Justice
The North Sea raging and the threat of a bomb on board ship demand attention for this, Starling's second thriller. A riveting opening is followed by a week of emotional upheaval for DCI Kate Beauchamp, a passenger on the busy RORO ferry. Kate is returning from a weekend in Norway with her amateur dramatic group but the cabins reserved for them are not available. This inconvience becomes a factor in their survival when the trauma of disaster at sea occurs. In the aftermath of this horrifying event a marine accident inquiry follows and the man in charge is Kate's estranged father, Frank. Kate returns to work the next day still chilled by her ordeal, but denying the signs of PTSD. Grampian police have a sadistic killer to catch and Kate is determined to prove herself in control at the grotesque crime scene, where a snake attached to the body adds another phobia which she must suppress. A new complication is Frank's re-entry into her life when he has to interview her about her experiences during the sinking of the ferry. Kate and Frank pursue separate lines of inquiry but soon their lives are at risk in this week of many deaths. Clues about the murderer emerge but Kate in her distress misreads the signs. Evil is evident in varying degrees among the characters interviewed in each of the investigations and communication between father and daughter becomes vital. Suspense and plot twists abound and propel one to the end of this dark thriller which contains some excellent but gory descriptions. (Kirkus UK)
