Sentencing Rape

Sentencing Rape PDF

Author: Graeme Brown

Publisher: Bloomsbury Publishing

Published: 2020-05-14

Total Pages: 323

ISBN-13: 1509917586

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This book presents an in-depth comparative study of sentencing practice for rape in six common law jurisdictions: England and Wales, Scotland, Ireland, Canada, New Zealand, and South Africa. It provides a thorough review of the medical literature on the physical and psychological effects of rape, the legal and philosophical literature on the seriousness of the offence, and the victim's role in sentencing. Given the increasingly common practice of perpetrators using mobile and online technologies to film or photograph the commission of sexual offences, the book examines recent socio-legal research on technology-facilitated sexual violence and considers the implications for sentencing. By building on recent scholarship on judicial decision making in sentencing and case law – comprising over 250 decisions of the relevant appellate courts – the book explores and critically analyses judicial approaches to rape sentencing. The analysis is undertaken with a view to suggesting possible reforms to rape sentencing in 'non-guideline' jurisdictions. In so doing, this book seeks to establish general principles for sentencing rape, assisting in the imposition of proportionate sentences. This book will be of interest to judges and practising lawyers; to those researching criminal law, criminal justice, criminology, and gender studies; and to policy makers, including sentencing councils and commissions, in common law jurisdictions worldwide.

Discretion, Discrimination and the Rule of Law

Discretion, Discrimination and the Rule of Law PDF

Author: Mrinal Satish

Publisher: Cambridge University Press

Published: 2017

Total Pages: 323

ISBN-13: 1107135621

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""Aims to analyse whether unwarranted disparity existed in rape sentencing in India, which anecdotal work of other scholars had pointed to"--Provided by publisher"--

Changes in Rape Offences and Sentencing

Changes in Rape Offences and Sentencing PDF

Author: Charles Lloyd

Publisher:

Published: 1989

Total Pages: 68

ISBN-13:

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The numbers of recorded offences of rape in England and Wales have increased greatly over the last decade. This report investigates such questions as: is there a greater proportion of violent rapes; are there more rapes of the very old or the very young; and has there been an increase in rapes committed by offernders previously known to the victim? The report considers how far changes in rape sentencing have reflected changes in the nature of the offence and concludes that sentencing became more severe during the period under review.

Race, Rape, and Injustice

Race, Rape, and Injustice PDF

Author: Michael Meltsner

Publisher: Univ Tennessee Press

Published: 2023-07-05

Total Pages: 0

ISBN-13: 9781621908197

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This book tells the dramatic story of twenty-eight law students—one of whom was the author—who went south at the height of the civil rights era and helped change death penalty jurisprudence forever. The 1965 project was organized by the NAACP Legal Defense and Educational Fund, which sought to prove statistically whether capital punishment in southern rape cases had been applied discriminatorily over the previous twenty years. If the research showed that a disproportionate number of African Americans convicted of raping white women had received the death penalty regardless of nonracial variables (such as the degree of violence used), then capital punishment in the South could be abolished as a clear violation of the Fourteenth Amendment’s Equal Protection Clause. Targeting eleven states, the students cautiously made their way past suspicious court clerks, lawyers, and judges to secure the necessary data from dusty courthouse records. Trying to attract as little attention as possible, they managed—amazingly—to complete their task without suffering serious harm at the hands of white supremacists. Their findings then went to University of Pennsylvania criminologist Marvin Wolfgang, who compiled and analyzed the data for use in court challenges to death penalty convictions. The result was powerful evidence that thousands of jurors had voted on racial grounds in rape cases. This book not only tells Barrett Foerster’s and his teammates story but also examines how the findings were used before a U.S. Supreme Court resistant to numbers-based arguments and reluctant to admit that the justice system had executed hundreds of men because of their skin color. Most important, it illuminates the role the project played in the landmark Furman v. Georgia case, which led to a four-year cessation of capital punishment and a more limited set of death laws aimed at constraining racial discrimination. A Virginia native who studied law at UCLA, BARRETT J. FOERSTER (1942–2010) was a judge in the Superior Court in Imperial County, California. MICHAEL MELTSNER is the George J. and Kathleen Waters Matthews Distinguished Professor of Law at Northeastern University. During the 1960s, he was first assistant counsel to the NAACP Legal Defense Fund. His books include The Making of a Civil Rights Lawyer and Cruel and Unusual: The Supreme Court and Capital Punishment.

Sentencing Rape

Sentencing Rape PDF

Author: Graeme Brown

Publisher:

Published: 2020

Total Pages:

ISBN-13: 9781509917600

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Sentencing Rape : An Introduction to the Study -- The Seriousness of Rape and the Victim's Role in Sentencing -- Technology-Facilitated Sexual Violence and Image-Based -- Sexual Abuse : the Filming of Rape and Sexual Assault -- From Guidance to Guidelines : Rape Sentencing in England and Wales -- A 'Radically Different' Approach : Rape Sentencing in Scotland -- Proportionality and Individualised Justice : Rape Sentencing in the Republic of Ireland -- 'Pragmatism and Individualisation' versus 'The Mandatory Minimums Algorithm' : Rape Sentencing in New Zealand and South Africa -- Principled Discretion in Rape Sentencing.

Rape

Rape PDF

Author: Julie A. Allison

Publisher: SAGE

Published: 1993-06-21

Total Pages: 324

ISBN-13: 9780803937079

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Rape: The Misunderstood Crime is an excellent resource for professionals and students of psychology, sociology, education, social work, criminal justice, and law who seek to dispel "rape myths" and wish to better understand the nature and dynamics of both the rapist and the victim.

Acquaintance Rape

Acquaintance Rape PDF

Author: Andrea Parrot

Publisher:

Published: 1991-02-07

Total Pages: 438

ISBN-13:

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Treatment of Family Violence A Sourcebook Edited by Robert T. Ammerman and Michel Hersen This book examines the current status of therapeutic approaches for families engaged in abuse or neglect. It offers critical explorations of the various types of family violence and the interventions developed to remediate or prevent maltreatment. One of the first surveys of the literature for all major forms of family violence, this book reflects cross-disciplinary and multitheoretical approaches to its treatment and prevention. 1990 (0 471-61023-2) 461 pp. Secret Survivors Uncovering Incest and Its Aftereffects in Women E. Sue Blume "This book should be read by every adult abused as a child and by every person who loves them … should be required reading for every medical student, every criminal and every person from judge to jailor in the criminal justice system." —Elizabeth Morgan, MD This is the first book on incest that focuses not on what incest is, but what it does to those scarred by it. Based on Blume’s widely adopted "Incest Survivor’s Aftereffects Checklist," now a standard diagnostic tool for clinicians and counselors, it offers a clear path towards a rich and empowered life, and toward breaking the cycle of incest. 1990 (0 471-61843-8) 326 pp. Multiple Personality Disorder Diagnosis, Clinical Features, and Treatment Colin A. Ross This important book offers a comprehensive account of the history, etiology, diagnosis, phenomenology, and treatment of multiple personality disorder (MPD). While it offers a stimulating account of the cultural history of MPD, it also provides the most detailed description of both general principles and specific treatment methods currently available. Multiple Personality Disorder is an indispensable addition to the reference libraries of sexual abuse clinics, child abuse agencies, and correctional organizations. 1989 (0 471-61515-3) 380 pp.

Taking the Stand

Taking the Stand PDF

Author: Amanda Konradi

Publisher: Bloomsbury Publishing USA

Published: 2007-10-30

Total Pages: 241

ISBN-13: 0275997197

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Rape is one of the most under-reported crimes in the U.S., and yet it is one of the most vicious, devastating, and violent of all crimes. But getting justice for victims has not always been easy. Often the victim is criminalized, demonized, sexualized, or otherwise attacked for her own part in the rape. But over the years, laws have changed and prosecuting rapists has become more common. Taking the Stand describes the criminal prosecution of rapists from the perspective of the women who survived their violence and explores if, when, and how the criminal justice process can work for them. Walking through the various responses rape victims have had to the criminal justice process, Konradi's vivid analysis provides new information to help raped women decide whether and how they should participate in prosecution, to help friends and family assist them, and to improve criminal justice practice for crime victims generally. Taking the Stand follows 47 rape survivors of varied ages and ethnicities, from the terror and trauma of rape through reporting to law enforcement, police investigation and indictment, hearings for probable cause and trials, plea bargaining, and sentencing. It focuses on women's experiences throughout the process and demonstrates how every experience is different. The problems that rape survivors face in the criminal justice process are not simply the result of the adversarial nature of court, defense tactics, or their own emotional reactions to violent sexual domination. Problems emerge from: (1) the social networks in which survivors are situated, (2) their variable access to emotional and financial resources, (3) their lack of knowledge about the formal and informal practices of courtrooms, (4) their lack of structural power in the criminal justice process, and (5) standard procedures employed by prosecutors and police. By recognizing individual differences in rape survivors, and their rape experiences, criminal justice personnel can better serve victims, and by understanding the layers of criminal investigation and prosecution, survivors and their families can play a more active role on their own terms in an effort to bring about justice. A rape survivor herself, Konradi exposes in the raw language of the victims the very sensitive nature of the topic and the personal obstacles survivors face. By addressing each stage of the criminal justice process, she makes it easier for those who seek justice to make decisions and choose behaviors that will positively affect their outcomes and their personal experiences with the system.

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