SENTENCING DISCRETION OMCLJ C (eng)
Language: English
Published by Oxford University Press, 2026
- Hardcover
- New
Seller: Brook Bookstore On Demand, Napoli, NA, ItalyBrook Bookstore On Demand
AbeBooks seller since October 11, 2022
Condition: New
£ 89.75
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Add to basketSeller Inventory # KGBI3YUUVM
- Title
- SENTENCING DISCRETION OMCLJ C (eng)
- Author
- Dripps, Donald A.
- Publisher
- Oxford University Press
- Publication year
- 2026
- Condition
- new
- Binding
- Hardcover
- Language
- English
- ISBN 10
- 0197830366
- ISBN 13
- 9780197830369
- Item weight
- 0.51 kilograms
Sentencing Discretion and the Constitution: Due Process of Time addresses the fundamental incompatibility of the U.S. Supreme Court's approach to the sentencing power of judges as compared to prosecutors. The Court says that when prosecutors induce a guilty plea by filing lesser charges than the code allows, the defendant is getting a break rather than being strong-armed. This doctrinal fiction persists because neither dissenting justices nor academic critics have yet justified a baseline by which the infliction of years – or even decades – in prison for refusing to plead guilty or to provide information, should be treated as a coercive threat rather than an offer permitted in the "give and take" of plea bargaining. In theory, the charges filed should be proportional to culpability, not the most severe the code permits. This raises another hard problem: theorists have not to date advanced a persuasive account of proportionate punishment.
Unlike prior works, Sentencing Discretion and the Constitution exposes the connections between these problems and proposes a unified solution. The right against excessive punishment, like the right against erroneous conviction, is best understood as a right to procedural justice. More broadly, curtailing prosecutorial sentencing is an essential step toward curtailing mass incarceration – a problem that otherwise is more likely to get worse than better.
This book will be of interest to readers concerned with plea bargaining, sentencing, constitutional law, legal history, and criminal law theory.
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Brook Bookstore On Demand
Napoli, NA, Italy
AbeBooks seller since October 11, 2022
Shipping rates from Italy to U.S.A.
| Item | 25 to 40 business days | 60 to 60 business days |
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Brook Bookstore On Demand offers a wide selection of books with a continuously updated catalog and fast shipments all over the world. We hold distribution rights with all of the publishers we promote and are in continuous search of new interesting titles to propose to our customers. We are part of Brandon Group SRL (an Italian company) and all of the orders are shipped from Europe. Depending on availability orders will be picked from our different warehouses.
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