LEADER 03503nam 22005291 450 001 9910824172303321 005 20200514202323.0 010 $a1-5099-0264-3 010 $a1-5099-0263-5 010 $a1-5099-0262-7 024 7 $a10.5040/9781509902644 035 $a(CKB)3710000001185014 035 $a(MiAaPQ)EBC4850965 035 $a(OCoLC)967457403 035 $a(UtOrBLW)bpp09260776 035 $a(MiAaPQ)EBC6164898 035 $a(Au-PeEL)EBL6164898 035 $a(OCoLC)986171491 035 $a(EXLCZ)993710000001185014 100 $a20170613d2017 uy 0 101 0 $aeng 135 $aurcnu|||||||| 181 $2rdacontent 182 $2rdamedia 183 $2rdacarrier 200 10$aCriminal sentencing as practical wisdom /$fGraeme Brown 210 1$aPortland, Oregon :$cHart Publishing,$d2017. 215 $a1 online resource (282 pages) 311 $a1-5099-3306-9 311 $a1-5099-0261-9 320 $aIncludes bibliographical references and index. 327 $a1. Introduction -- 2. Context and Methodology -- 3. The Instinctive Synthesis and Wise Blending of Penal Aims: A Comparative Study of Sentencing Methodology -- 4. Equity and the Rule of Law in Sentencing -- 5. The Practical Wisdom of Sentencing: A Rationalisation of Intuitive Decision Making and Judicial Discretion -- 6. Structuring the Sentencer's Discretion -- 7. A 'Seedy Little Bargain with Criminals'? Judicial Discretion and the Guilty Plea Discount -- 8. The Phronimos and the Metronomic Clockwork Man 330 8 $aHow do judges sentence? In particular, how important is judicial discretion in sentencing? Sentencing guidelines are often said to promote consistency, but is consistency in sentencing achievable or even desirable? Whilst the passing of a sentence is arguably the most public stage of the criminal justice process, there have been few attempts to examine judicial perceptions of, and attitudes towards, the sentencing process. Through interviews with Scottish judges and by presenting a comprehensive review and analysis of recent scholarship on sentencing - including a comparative study of UK, Irish and Commonwealth sentencing jurisprudence - this book explores these issues to present a systematic theory of sentencing. Through an integration of the concept of equity as particularised justice, the Aristotelian concept of phronesis (or 'practical wisdom'), the concept of value pluralism, and the focus of appellate courts throughout the Commonwealth on sentencing by way of 'instinctive synthesis', it is argued that judicial sentencing methodology is best viewed in terms of a phronetic synthesis of the relevant facts and circumstances of the particular case. The author concludes that sentencing is best conceptualised as a form of case-orientated, concrete and intuitive decision making; one that seeks individualisation through judicial recognition of the profoundly contextualised nature of the process 606 $aCriminal justice, Administration of$zGreat Britain 606 $aSentences (Criminal procedure)$zGreat Britain 606 $2Criminal law & procedure 615 0$aCriminal justice, Administration of 615 0$aSentences (Criminal procedure) 676 $a345.41/0772 700 $aBrown$b Graeme$c(Lawyer),$01668939 801 0$bUtOrBLW 801 1$bUtOrBLW 801 2$bUkLoBP 906 $aBOOK 912 $a9910824172303321 996 $aCriminal sentencing as practical wisdom$94029897 997 $aUNINA