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Principles and Values in Criminal Law and Criminal Justice

Principles and Values in Criminal Law and Criminal Justice Essays in Honour of Andrew Ashworth

Author: Lucia Zedner; Julian V. Roberts
Publisher: Oxford University Press
ISBN: 9780199696796
Published In: August 2012
Format: Hardback , 368 pages
Jurisdiction: U.K. ? Disclaimer:
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Addresses central issues in criminal law, criminal justice, and sentencing, including the presumption of innocence, human rights and due process, and important questions of fairness and proportionality
Includes sophisticated engagement with core debates about criminalization
Distinguished scholars examine the scholarship and influence of one of the leading academics in criminal law and criminal justice in the common law world

Celebrating the scholarship of Andrew Ashworth, Vinerian Professor of English Law at the University of Oxford, this collection brings together leading international scholars to explore questions of principle and value in criminal law and criminal justice. Internationally renowned for elaborating a body of principles and values that should underpin criminalization, the criminal process, and sentencing, Ashworth's contribution to the field over forty years of scholarship has been immense. Advancing his project of exploring normative issues at the heart of criminal law and criminal justice, the contributors examine the important and fascinating debates in which Ashworth's influence has been greatest.

The essays fall into three distinct but related areas, reflecting Ashworth's primary spheres of influence. Those in Part 1 address the import and role of principles in the development of a just criminal law, with contributions focusing upon core tenets such as the presumption of innocence, fairness, accountability, the principles of criminal liability, and the grounds for defences. Part 2 addresses questions of human rights and due process protections in both domestic and international law. In Part 3 the essays are addressed to core issues in sentencing and punishment: they explore questions of equality, proportionality, adherence to the rule of law, the totality principle (in respect of multiple offences), wrongful acquittals, and unduly lenient sentences. Together they demonstrate how important Ashworth's work has been in shaping how we think about criminal law and criminal justice, and make their own invaluable contribution to contemporary discussions of criminalization and punishment.

Readership: Academics and scholars, practitioners, and students of criminal law, criminal justice, criminalization, and sentencing

Foreword by Roger Hood: Andrew Ashworth: A Tribute
Lucia Zedner and Julian Roberts: Editors' Introduction
Part 1. Criminal Law
1: John Gardner: Ashworth on Principles
2: Nicola Lacey: Principles, Policies, and Politics of Criminal Law
3: Jeremy Horder: Criminal Attempt, the Rule of Law, and Accountability in Criminal Law
4: R.A. Duff: Presuming Innocence
5: Victor Tadros: Fair Labelling and Social Solidarity
6: Douglas Husak: Distraction and Negligence
7: Andrew Simester: On Justifications and Excuses
8: Barry Mitchell: Years of Provocation, Followed by a Loss of Control
Part 2. Criminal Process and Human Rights
9: Liora Lazarus: Positive Obligations and Criminal Justice: Duties to Protect or Coerce?
10: Mike Redmayne: Exploring Entrapment
11: Paul Roberts: Excluding Evidence as Protecting Constitutional or Human Rights?
12: Dirk van Zyl Smit: Community Sanctions and European Human Rights Law
13: Andreas von Hirsch and Vivian Schorscher: A System of International Criminal Justice for Human Rights Violations: What is the General Justification for its Existence?
Part 3. Sentencing
14: Kate Warner: Equality Before the Law and Equal Impact of Sanctions: Doing Justice to Differences in Wealth and Employment Status
15: Elaine Player: Sentencing Women: Towards Gender Equality
16: Malcolm Thorburn: Proportionate Sentencing and the Rule of Law
17: Martin Wasik: Concurrent and Consecutive Sentences Revisited
18: Michael Tonry: 'Wrongful' Acquittals and 'Unduly Lenient' Sentences - Misconceived Problems that Provoke Unjust Solutions

Edited by Lucia Zedner, Professor of Criminal Justice, Faculty of Law and Corpus Christi College, University of Oxford, and Conjoint Professor, Faculty of Law University of New South Wales, Sydney, and Julian V. Roberts, Professor of Criminology, University of Oxford

Lucia Zedner is Professor of Criminal Justice in the Faculty of Law and a member of the Centre for Criminology at the University of Oxford. She is currently the General Editor of the Oxford University Press monograph series Clarendon Studies in Criminology. With Andrew Ashworth, Professor Zedner is currently co-directing a three-year study of Preventive Justice generously funded by the Arts and Humanities Research Council. She is also Conjoint Professor at the Faculty of Law, University of New South Wales, Sydney, where she is a regular visitor.

Julian Roberts has been at Oxford since 2004. He works in the area of sentencing. His books include: Punishing Persistent Offenders; Principled Sentencing (with von Hirsch and Ashworth), and Mitigation and Aggravation at Sentencing. He currently holds a Leverhulme Major Fellowship for which he is conducting research upon the sentencing guidelines in England and Wales.

Contributors:

R.A. Duff, Professor of Philosophy, University of Stirling and University of Minnesota Law School
John Gardner, Professor of Jurisprudence, Unversity College, Oxford
Roger Hood, emeritus Professor of Criminology, All Souls College, Oxford
Jeremy Horder, Professor of Criminal Law, King's College, London
Douglas Husak, Professor of Philosophy, Rutgers University
Nicola Lacey, Professor of Criminal Law and Legal Theory, All Souls College, Oxford
Barry Mitchell, Professor of Criminal Law and Criminal Justice, Coventry University Law School
Elaine Player, Professor of Criminology and Criminal Justice, King's College London
Mike Redmayne, Professor of Law, London School of Economics
Julian Roberts, Professor of Criminology, Worcester College, Oxford
Paul Roberts, Professor of Criminal Jurisprudence, University of Nottingham
Vivian Schorscher, Goethe Universitat, Frankfurt am Main
Andrew Simester, Professor of Law, Wolfson College, Cambridge, and National University of Singapore
Victor Tadros, Professor of Law, Warwick University
Malcolm Thorburn, Associate Professor of Law, Queen's University, Kingston, Canada
Michael Tonry, Professor of Law, University of Minnesota
Dirk van Zyl Smit, Professor of Comparative and International Penal Law, University of Nottingham
Andreas von Hirsch, Professor, Goethe Universitat, Frankfurt am Main
Kate Warner, Professor of Law, University of Tasmania, Australia
Martin Wasik, Professor of Criminal Justice, Keele University
Lucia Zedner, Professor of Criminal Justice, Corpus Christi College, Oxford