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INFORMATION IN VIETNAMESE YOUTH SENTENCING THE THEORY AND PRACTICE OF A ‘RATIONALIST’ APPROACH TO DECISIONMAKING

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INFORMATION IN VIETNAMESE YOUTH SENTENCING THE THEORY AND PRACTICE OF A ‘RATIONALIST’ APPROACH TO DECISIONMAKING

BRISTOLUniversity of the West of EnglandINFORMATION IN VIETNAMESE YOUTH SENTENCINGTHE THEORY AND PRACTICE OF A ‘RATIONALIST’ APPROACH TO DECISION-MAKI

INFORMATION IN VIETNAMESE YOUTH SENTENCING THE THEORY AND PRACTICE OF A ‘RATIONALIST’ APPROACH TO DECISIONMAKING INGCHAU XUAN HOANGA thesis submitted in partial fulfilments of the University of the West of England. Bristol for the degree of Doctor of PhilosophyFa

culty of Business and Law, University of the West of England. Bristol40664This copy has been supplied on the understanding that it is copyright materi INFORMATION IN VIETNAMESE YOUTH SENTENCING THE THEORY AND PRACTICE OF A ‘RATIONALIST’ APPROACH TO DECISIONMAKING

al and that no quotation from the thesis may be published without proper acknowledgementABSTRACT111 Anglo-American jurisdictions. die ‘rationalist tra

INFORMATION IN VIETNAMESE YOUTH SENTENCING THE THEORY AND PRACTICE OF A ‘RATIONALIST’ APPROACH TO DECISIONMAKING

dition' in the field of criminal justice, exemplified by Bentham and Wigmore, has largely been applied and developed in the field of evidence at the t

BRISTOLUniversity of the West of EnglandINFORMATION IN VIETNAMESE YOUTH SENTENCINGTHE THEORY AND PRACTICE OF A ‘RATIONALIST’ APPROACH TO DECISION-MAKI

INFORMATION IN VIETNAMESE YOUTH SENTENCING THE THEORY AND PRACTICE OF A ‘RATIONALIST’ APPROACH TO DECISIONMAKING at least the sentencing stage, and to other jurisdictions Ilian those that have a common law tradition. It then seeks to apply a rational decision-ma

king model to youth sentencing in Vietnam and in England ;uid Wales, in the context of international norms applicable to youth justice.Tile thesis arg INFORMATION IN VIETNAMESE YOUTH SENTENCING THE THEORY AND PRACTICE OF A ‘RATIONALIST’ APPROACH TO DECISIONMAKING

ues that if compliance widi international and domestic law ;uid norms concerning die administration of juvenile justice is to be achieved other than b

INFORMATION IN VIETNAMESE YOUTH SENTENCING THE THEORY AND PRACTICE OF A ‘RATIONALIST’ APPROACH TO DECISIONMAKING

y chance, sentences' decision-making must follow a rational approach. This means dial sentencing decisions an? only made in circumstances in which sen

BRISTOLUniversity of the West of EnglandINFORMATION IN VIETNAMESE YOUTH SENTENCINGTHE THEORY AND PRACTICE OF A ‘RATIONALIST’ APPROACH TO DECISION-MAKI

INFORMATION IN VIETNAMESE YOUTH SENTENCING THE THEORY AND PRACTICE OF A ‘RATIONALIST’ APPROACH TO DECISIONMAKING ormation. To this end. relevant and reliable information is a necessary pre-condition for rational sentencing. Tile level of relevance and reliability

of (a piece of) information depends on its nature, its source, and die form of communication.Tile diesis develops ;uid applies a rational decision-ma INFORMATION IN VIETNAMESE YOUTH SENTENCING THE THEORY AND PRACTICE OF A ‘RATIONALIST’ APPROACH TO DECISIONMAKING

king model to the youth justice process up to. and including, the sentencing stage. In principle this model is. and should be. universal and suitable

INFORMATION IN VIETNAMESE YOUTH SENTENCING THE THEORY AND PRACTICE OF A ‘RATIONALIST’ APPROACH TO DECISIONMAKING

for analysing and assessing the rationality of sentencing (in terms of available information necessary' for rational decision-making) in different jur

BRISTOLUniversity of the West of EnglandINFORMATION IN VIETNAMESE YOUTH SENTENCINGTHE THEORY AND PRACTICE OF A ‘RATIONALIST’ APPROACH TO DECISION-MAKI

INFORMATION IN VIETNAMESE YOUTH SENTENCING THE THEORY AND PRACTICE OF A ‘RATIONALIST’ APPROACH TO DECISIONMAKING problems in each. A significant finding is that Vietnamese sentencers do not have sufficient information for die purposes of rational sentencing decis

ions. Il is argued that an additional mechanism for providing relevant and reliable information to Vietnamese sentences is therefore necessary. Given INFORMATION IN VIETNAMESE YOUTH SENTENCING THE THEORY AND PRACTICE OF A ‘RATIONALIST’ APPROACH TO DECISIONMAKING

that both Vietnam and England and Wales require a rational youth sentencing process in order to fulfil their international obligations, die diesis exa

INFORMATION IN VIETNAMESE YOUTH SENTENCING THE THEORY AND PRACTICE OF A ‘RATIONALIST’ APPROACH TO DECISIONMAKING

mines the English ;uid Welsh experience in the field. In particular, the thesis identifies the pre-sentence report as an appropriate a tool for provid

BRISTOLUniversity of the West of EnglandINFORMATION IN VIETNAMESE YOUTH SENTENCINGTHE THEORY AND PRACTICE OF A ‘RATIONALIST’ APPROACH TO DECISION-MAKI

INFORMATION IN VIETNAMESE YOUTH SENTENCING THE THEORY AND PRACTICE OF A ‘RATIONALIST’ APPROACH TO DECISIONMAKING ternational obligations.STATEMENTS OF OBJECTIVESThe thesis aims to broaden knowledge of and interest in the field of comparative youth justice.The the

sis aims to explore the international law relating to children and stale parlies’ obligation Io comply with those rules and standards.The thesis aims INFORMATION IN VIETNAMESE YOUTH SENTENCING THE THEORY AND PRACTICE OF A ‘RATIONALIST’ APPROACH TO DECISIONMAKING

to argue that the ‘rationalist tradition' can also be applicable to decisionmaking al different stages of the criminal justice process in different ju

INFORMATION IN VIETNAMESE YOUTH SENTENCING THE THEORY AND PRACTICE OF A ‘RATIONALIST’ APPROACH TO DECISIONMAKING

risdictions.The thesis aims to build up a model of information How s within criminal justice system.The thesis aims to compare the youth justice syste

BRISTOLUniversity of the West of EnglandINFORMATION IN VIETNAMESE YOUTH SENTENCINGTHE THEORY AND PRACTICE OF A ‘RATIONALIST’ APPROACH TO DECISION-MAKI

INFORMATION IN VIETNAMESE YOUTH SENTENCING THE THEORY AND PRACTICE OF A ‘RATIONALIST’ APPROACH TO DECISIONMAKING o assess the level of rationality in sentencing in Vietnam and England and Wales in terms of sufficient information.The thesis aims to assess the feas

ibility of applying the model of pre-sentence reports to Vietnamese youth sentencing.The author would like to acknowledge the use of all of the materi INFORMATION IN VIETNAMESE YOUTH SENTENCING THE THEORY AND PRACTICE OF A ‘RATIONALIST’ APPROACH TO DECISIONMAKING

als listed in the bibliography. He would also like to acknowledge the invaluable support and assistance of Professor Ed Cape and Dr Ben Pontin. the co

INFORMATION IN VIETNAMESE YOUTH SENTENCING THE THEORY AND PRACTICE OF A ‘RATIONALIST’ APPROACH TO DECISIONMAKING

operation of the respondents surveyed and interviewed for the empirical framework, the financial support from Project 322 of the Ministry of Education

BRISTOLUniversity of the West of EnglandINFORMATION IN VIETNAMESE YOUTH SENTENCINGTHE THEORY AND PRACTICE OF A ‘RATIONALIST’ APPROACH TO DECISION-MAKI

INFORMATION IN VIETNAMESE YOUTH SENTENCING THE THEORY AND PRACTICE OF A ‘RATIONALIST’ APPROACH TO DECISIONMAKING ONSASBO Antisocial Behaviour OrderASSET Young Offender Assessment ProfileCAT Convention Against TortureCEDAW Convention on the Elimination of Discrimi

nation Against WomenCERD Convention on the Elimination of Racial DiscriminationCPCC Committee for the Protection and Care of ChildrenICCPR Internation INFORMATION IN VIETNAMESE YOUTH SENTENCING THE THEORY AND PRACTICE OF A ‘RATIONALIST’ APPROACH TO DECISIONMAKING

al Covenant on Civil and Political RightsICESCR International Covenant on Economic. Social and Cultural RightsISSP Intensive Supervision and Surveilla

INFORMATION IN VIETNAMESE YOUTH SENTENCING THE THEORY AND PRACTICE OF A ‘RATIONALIST’ APPROACH TO DECISIONMAKING

nce Programme

BRISTOLUniversity of the West of EnglandINFORMATION IN VIETNAMESE YOUTH SENTENCINGTHE THEORY AND PRACTICE OF A ‘RATIONALIST’ APPROACH TO DECISION-MAKI

BRISTOLUniversity of the West of EnglandINFORMATION IN VIETNAMESE YOUTH SENTENCINGTHE THEORY AND PRACTICE OF A ‘RATIONALIST’ APPROACH TO DECISION-MAKI

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