Description
Product ID: | 9781107135628 |
Product Form: | Hardback |
Country of Manufacture: | US |
Title: | Discretion, Discrimination and the Rule of Law |
Subtitle: | Reforming Rape Sentencing in India |
Authors: | Author: Mrinal Satish |
Page Count: | 316 |
Subjects: | Law and society, gender issues, Gender & the law, Criminal law: offences against the person, Sentencing and punishment, Offences against the person, Sentencing & punishment, India |
Description: | Select Guide Rating This book addresses and analyses the rape sentencing regime in India, and 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'. 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. |
Imprint Name: | Cambridge University Press |
Publisher Name: | Cambridge University Press |
Country of Publication: | GB |
Publishing Date: | 2016-11-02 |