The thesis constitutes a detailed historical reconstruction of the creation, contestation and subsequent amendment of the Imprisonment for Public Protection sentence, the principal ‘dangerous offender’ measure of the Criminal Justice Act 2003. Underpinned by an interpretive political analysis of penal politics, the thesis draws on a detailed analysis of relevant documents and 53 interviews with national level, policy-oriented actors. The thesis explores how actors’ conceptions of ‘risk’ and ‘the public’ interwove with the political beliefs and political traditions relied upon by the relevant actors. It is argued that while there was general recognition of a ‘real problem’ existing in relation to dangerous offenders, the central actors in the creation of the IPP sentence crucially lacked a detailed understanding of the state of the art of risk assessment and management (Kemshall, 2003) and failed to appreciate the systemic risks posed by the IPP sentence. The creation of the IPP sentence, as with its subsequent amendment, is argued to highlight the extreme vulnerability felt by many government actors. The efforts of interest groups and other pressure participants to have their concerns addressed regarding the systemic and human damage subsequently caused by the under-resourcing of the IPP sentence is explored, and the challenge of stridently arguing for substantial change while maintaining ‘insider’ status is discussed. As regards senior courts’ efforts to rein in the IPP sentence, it is argued that the increasingly conservative nature of the judgments demonstrate that the judiciary are not immune from the creep of a ‘precautionary logic’ into British penal politics. Regarding the amendment of the IPP sentence, the Ministry of Justice’s navigation between the twin dangers of a systemic crisis and a political crisis are explored. In conclusion, the IPP story is argued to demonstrate a troubling ‘thoughtlessness’ by many of the key policymakers, revealing what is termed the ‘banality of punitiveness.’ The potential for a reliance on political beliefs and traditions to slip into this thoughtless state, and possible ways of ensuring that such policy issues are engaged with in a more inclusive and expansive manner, are discussed.

Resume This thesis deals with the first degree offence proceedings. Taking into consideration a large extent of the topic, the thesis is focused just on few of the most important institutes. Besides a short definition of the basic terms and their contents, the thesis aims its attention to sources in which an adjustment of offence proceedings on international as well as national level is included. Especially European Convention on Human Rights and activity of European Court on Human Rights (ECHR) that is connected to the Convention are important elements in the system. On the basis of ECHR's autonomous interpretation of the term "criminal charge", many fundamental rights formerly designated only for criminal proceedings have been applied within the field of administrative sentencing as well. This dissertation follows up in detail some decisions of the court, its argumentation and considerations that lead to its final conclusion. A signifiant role in this field plays Recommendation of the Committee of Ministers of Council of Europe no. R (91)1 on Administrative Sanctions in which ten basic principles are defined. These principles protect basic rights of a defendant and should be guaranteed during offence proceedings by the state. Then, main sources of the treatment of this area on the internal level are...

Wie schätzen Menschen quantitative Größen wie zum Beispiel den Verkaufspreis eines Autos? Oft benutzen Menschen zur Lösung von Schätzproblemen sogenannte Cues, Informationen, die probabilistisch mit dem zu schätzenden Kriterium verknüpft sind. Um den Verkaufspreis eines Autos zu schätzen, könnte man zum Beispiel Informationen über das Baujahr, die Automarke, oder den Kilometerstand des Autos verwenden. Um menschliche Schätzprozesse zu beschreiben, werden häufig linear additive Modelle herangezogen. In meiner Dissertation schlage ich alternative ein heuristisches Modell zur Schätzung quantitativer Größen vor: das Mapping-Modell. Im ersten Kapitel meiner Dissertation teste ich das Mapping-Modell gegen weitere, in der Literatur etablierte, Schätzmodelle. Es zeigte sich, dass das Mapping-Modell unter unterschiedlichen Bedingungen in der Lage war, die Schätzungen der Untersuchungsteilnehmer akkurat vorherzusagen. Allerdings bestimmte die Struktur der Aufgabe - im Einklang mit dem Ansatz der „adaptiven Werkzeugkiste“ - im großen Maße, welches Modell am besten geeignet war, die Schätzungen zu erfassen. Im zweiten Kapitel meiner Dissertation greife ich diesen Ansatz auf und untersuche, in wie weit die Aufgabenstruktur bestimmt, welches Modell die Schätzprozesse am Besten beschreibt. Meine Ergebnisse zeigten, dass das Mapping-Modell am Besten dazu geeignet war die Schätzungen der Versuchsteilnehmer zu beschreiben, wenn explizites Wissen über die Aufgabe vorhanden war, während ein Exemplar-Modell den Schätzprozess erfasste, wenn die Abstraktion von Wissen schwierig war. Im dritten Kapitel meiner Dissertation, wende ich das Mapping-Modell auf juristische Entscheidungen an. Eine Analyse von Strafakten ergab, dass das Mapping-Modell Strafzumessungsvorschläge von Staatsanwälten besser vorhersagte als eine lineare Regression. Dies zeigt, dass das Mapping-Modell auch außerhalb von Forschungslaboratorien dazu geeignet ist menschliche Schätzprozesse zu beschreiben. / How do people make quantitative estimations, such as estimating a car’s selling price? Often people rely on cues, information that is probabilistically related to the quantity they are estimating. For instance, to estimate the selling price of a car they could use information, such as the car’s manufacturer, age, mileage, or general condition. Traditionally, linear regression type models have been employed to capture the estimation process. In my dissertation, I propose an alternative cognitive theory for quantitative estimation: The mapping model which offers a heuristic approach to quantitative estimations. In the first part of my dissertation l test the mapping model against established alternative models of estimation, namely, linear regression, an exemplar model, and a simple estimation heuristic. The mapping model provided a valid account of people’s estimates outperforming the other models in a variety of conditions. Consistent with the “adaptive toolbox” approach on decision, which model was best in predicting participants’ estimations was a function of the task environment. In the second part of my dissertation, I examined further how different task features affect the performance of the models make. My results indicate that explicit knowledge about the cues is decisive. When knowledge about the cues was available, the mapping model was the best model; however, if knowledge about the task was difficult to abstract, participants’ estimations were best described by the exemplar model. In the third part of my dissertation, I applied the mapping model in the field of legal decision making. In an analysis of fining and incarceration decisions, I showed that the prosecutions’ sentence recommendations were better captured by the mapping model than by legal policy modeled with a linear regression. These results indicated that the mapping model is a valid model which can be applied to model actual estimation processes outside of the laboratory.

Compliance programs have grown since the early 1990s and evolved more formally into corporate institutional or enterprise-wide programs with the passage of the Sarbanes-Oxley Act of 2002. Formal institutional compliance programs are emerging in colleges and universities to assist in the management of the myriad of regulations and requirements placed on them by accrediting bodies, creditors, boards, donors, grantors, and federal and state regulators. An effective compliance program provides the structure for the institution and its employees to conduct operations ethically, with integrity, and in compliance with legal and regulatory requirements. The goals of this study were to identify organizational structures that assist large, public universities in effectively managing institutional compliance, the elements that shape these structures, and the benefits and limitations of those structures.

The role of Deterrence and Retribution in sentencing in South African Courts Since the early history of the existence of humanity punishment has been meted out to transgressors of the laws of society. Informal sanctions, including ostracism are imposed by members of society for social transgressions. Formal punishment is imposed by courts through a system of criminal justice. This dissertation deals with the concept of punishment. It considers the significance of the theories of punishment in the sentencing process with particular reference to deterrence and retribution, the philosophical rationale for their use and thus their role in sentencing. In this study the historical evolution of retribution is traced and the recognition accorded particularly to retribution and deterrence as well as reformation and prevention as penal objectives at various periods in history is examined. Case law has been cited to determine their recognition by judicial practice in criminal courts. The study also reflects on the criminal justice system's clients' perceptions on sentencing. / Criminal and Procedural Law / LL.M.

The abolition of corporal punishment in S v Williams and Others 1995 (3) SA 632 (CC) provided the state with the impetus to consider alternative sentencing options. Unsystematic efforts by the government to reform the juvenile justice system have failed abysmally. The government was forced to review its policies on juvenile sentencing. An examination of international trends reveals the imposition of stricter measures of punishment for serious and violent juvenile offenders. Community-based sentencing options are used mainly for first-time offenders. The focus has also shifted from punishment and retribution to prevention and treatment. It is advocated that serious and violent juvenile offenders be incarcerated in secure-care facilities and/or juvenile prisons and that community-based sentencing options be utilised for first-time offenders. The government should also design programmes that deal with situations that lead to crime and delinquency / Criminal and Procedural Law / LL.M. (Law)

Although s 9 of the new Constitution 1 guarantees the right to life, there is no express provision which abolishes the death sentence. Whereas in the past the death sentence could only be avoided by the exercise of judicial discretion or political and public pressure, its imposition will now have to be entirely re-evaluated. Not only are all the laws of the country subject to the new Constitution, 2 but so too a Constitutional Court will be operational which will have the power to test the constitutionality of any such laws. By looking at the standards and relevant issues which are considered to define the constitutionality of the death sentence internationally, reviewing current application of the death sentence in South Africa, drawing comparisons, and by studying the problems unique to the South African situation, it will be the aim of this dissertation to determine how the death sentence will fare under a Constitutional Court. / Criminal and Procedural Law / LL. M.

No description available.

The incidence of sexual assault inundates the courts with many cases each year. Given the unique nature of the crime, judges and juries are faced with an array of different scenarios to which they are required to make fair, justifiable and consistent decisions. I examine child sexual assault cases of Dallas County 1999-2005, I look at both legal and extralegal factors including case characteristics, institutional characteristics and characteristics of the defendants and the victims. First, I examine the impact of the independent variables on sentence length using regression analysis to determine influences on sentencing for judges and juries. Second, I examine the same factors using Probit analysis to determine which characteristics make a life sentence more probable for those decision-makers.

The purpose of this study is to investigate the sentencing practice of the military courts. Since an independent and impartial military judiciary is essential to ensure that justice is done a further aim of this study is to investigate whether the military courts are impartial, independent and affords the accused his fair trial rights. The sentences imposed by military courts are investigated and concerns regarding the imposition of these sentences are identified. Finally the appeal and review procedures followed by the military courts are investigated with specific reference to the military accused’s right appeal and review to a higher court as provided for by the Constitution. The sentencing phase of a trial forms an important part of the whole trial process. This is also true for military trials, yet no research has been done on military sentencing practice. Because of the potential influence of the draft Military Discipline Bill and the Law Reform Commission’s revision of the defence legislation on sentencing, research in this area is critical in the positive development of sentencing law in the military justice environment. An extensive literature study is undertaken to evaluate current military sentencing practices against civilian practices. The result of this study identifies certain concerns regarding the independence of the military courts, the treatment of military offenders and the appeal and review powers of the military reviewing authority. To a large extent it is also found that many concerns are based on the apparent rather than the existence of any real dangers to the independence of the military courts or the rights of the military accused. This thesis contributes to the accessibility of military law for a civilian audience, creating a platform for the development of future military sentences. / Jurisprudence / LL. D.