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Chapter Eleven - Addressing Problematic Sentencing Factors in the Development of Guidelines

Published online by Cambridge University Press:  07 September 2011

By
Warren Young  and
Andrea King
Edited by
Julian V. Roberts
Julian V. Roberts
Affiliation:
University of Oxford
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Summary

This chapter explores the more practical challenges confronting sentencing guidelines authorities. Drawing on the recent experience creating sentencing guidelines in New Zealand, this chapter addresses the benefits of providing guidance to sentencers with respect to mitigation and aggravation. Particular emphasis is placed on factors which are problematic in some respect.

CHAPTER OVERVIEW

In this essay we discuss the approach taken in New Zealand to developing guidance on aggravating and mitigating factors. After summarizing recent developments in this country, including the creation of a Sentencing Council, we outline the traditional approach taken to aggravation and mitigation in New Zealand before going on to discuss the ways in which the guidelines addressed some of the problems with this traditional approach and the difficulties faced in doing so.

Type
Chapter
Information
Mitigation and Aggravation at Sentencing , pp. 208 - 227
Publisher: Cambridge University Press
Print publication year: 2011

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References

Ashworth, A. 2010 Sentencing and Criminal JusticeCambridge University PressCrossRefGoogle Scholar
Bottoms, A.von Hirsch, A. 2011 The Crime Preventive Impact of Penal SanctionsCane, P.Kritzer, H.The Oxford Handbook of Empirical Legal ResearchOxford University PressGoogle Scholar
Brown, M.Young, W. 2000 Recent Trends in Sentencing and Penal Policy in New ZealandInternational Criminal Justice Review 10 1CrossRefGoogle Scholar
Roberts, J. V. 2003 Sentencing Reform in New Zealand: An Analysis of the Sentencing Act 2002Australian and New Zealand Journal of Criminology 36 249CrossRefGoogle Scholar
Roberts, J. V. 2008 Punishing Persistent OffendersOxford University PressCrossRefGoogle Scholar
von Hirsch, A. 2010 Proportionality and the Progressive Loss of Mitigation: Some Further ReflectionsRoberts, J. V.von Hirsch, A.The Role of Previous Convictions at Sentencing: Theoretical and Applied PerspectivesOxfordHart PublishingGoogle Scholar
von Hirsch, A.Bottoms, A. E.Burney, E.Wikstrom, P.-O. 1999 Criminal Deterrence and Sentence Severity: An Analysis of Recent ResearchOxfordHart PublishingGoogle Scholar
Young, W.King, A. 2010 Sentencing Practice and Guidance in New ZealandFederal Sentencing Reporter 22 254CrossRefGoogle Scholar
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