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Discretion, Discrimination and the Rule of Law: Reforming Rape Sentencing in India

Discretion, Discrimination and the Rule of Law: Reforming Rape Sentencing in India

Name: Discretion, Discrimination and the Rule of Law: Reforming Rape Sentencing in India
Brand: Cambridge University Press
SKU: 9781107135628
Price: 1071.85 HKD
Availability: InStock
Author: Mrinal Satish
ISBN: 9781107135628

By Mrinal Satish

Cambridge University Press November 2016

Specifications

ISBN-13: 9781107135628
Publisher: Cambridge University Press
Publication: November 2016
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

This book addresses and analyses the rape sentencing regime in India, and demonstrates that despite law reform, the myths and stereotypes about rapists and rape victims that used to be embedded in the positive law of rape and/or in evidence law have, in many cases, merely shifted from the charging and trial stages to the sentencing stage.

The book further argues that rape myths and stereotypes influence sentencing, leading to unwarranted disparity. It undertakes a theoretical examination of the purposes of punishment, the fundamentally overlapping nature of the stages of the criminal process, and the meaning of 'disparity'. The book sets forth what the sentencing guidelines for rape in India might provide, discussing factors that should be considered relevant and irrelevant in the sentencing of rape offenders. The underlying theme of the book is to bring the rule of law to criminal sentencing in India.

1. Introduction

2. An introduction to the Indian criminal justice system

3. The law and practice of rape adjudication in India

4. Rape sentencing: an empirical analysis

5. Myths and stereotypes in rape prosecutions

6. Structuring sentencing discretion: guideline models and approaches

7. Sentencing discretion in India: the need for structuring

8. Sentencing guidelines for rape.

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