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Discretion, Discrimination and the Rule of Law

Discretion, Discrimination and the Rule of Law

Reforming Rape Sentencing in India

by Mrinal Satish
Hardback
Publication Date: 03/11/2016

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$145.00
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.
ISBN:
9781107135628
9781107135628
Category:
Criminal law & procedure
Format:
Hardback
Publication Date:
03-11-2016
Language:
English
Publisher:
Cambridge University Press
Country of origin:
United States
Dimensions (mm):
237x157x20mm
Weight:
0.57kg

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