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Principles and Values in Criminal Law and Criminal Justice

Edited by Lucia Zedner and Julian V. Roberts

Published in print August 2012 | ISBN: 9780199696796
Published online September 2012 | e-ISBN: 9780191742293 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199696796.001.0001
Principles and Values in Criminal Law and Criminal Justice

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Celebrating the scholarship of Andrew Ashworth, Vinerian Professor of English Law at the University of Oxford, this book explores 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 chapters examine the important and fascinating debates in which Ashworth's influence has been greatest. The chapters 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 chapters 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.

Keywords: Andrew Ashworth; criminal law; criminal justice; criminalization; criminal process; sentencing; accountability; criminal liability; human rights; due process

Book.  368 pages. 

Subjects: Criminal Law

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Table of Contents

Ashworth on Principles in Principles and Values in Criminal Law and Criminal Justice

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Principles, Policies, and Politics of Criminal Law in Principles and Values in Criminal Law and Criminal Justice

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Criminal Attempt, the Rule of Law, and Accountability in Criminal Law in Principles and Values in Criminal Law and Criminal Justice

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Presuming Innocence in Principles and Values in Criminal Law and Criminal Justice

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Fair Labelling and Social Solidarity in Principles and Values in Criminal Law and Criminal Justice

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Distraction and Negligence in Principles and Values in Criminal Law and Criminal Justice

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On Justifications and Excuses in Principles and Values in Criminal Law and Criminal Justice

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Years of Provocation, Followed by a Loss of Control in Principles and Values in Criminal Law and Criminal Justice

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Positive Obligations and Criminal Justice: Duties to Protect or Coerce? in Principles and Values in Criminal Law and Criminal Justice

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Exploring Entrapment in Principles and Values in Criminal Law and Criminal Justice

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